Subhash Chand vs State of Rajasthan - 2023 Supreme(Raj) 1678

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1678

KULDEEP MATHUR
Subhash Chand – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Chandra Shekhar Kotwani, Dhirendra Sodha.
For the Respondents: Laxman Solanki, Dharampal Singh.
For the Complainant : Hastimal Saraswat.

Table of Content
1. basis for filing fir against petitioners (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments about jurisdiction and lack of offense (Para 8 , 9)
3. opposing arguments regarding investigation (Para 10 , 11 , 12 , 13)
4. supreme court guidelines for quashing fir (Para 14 , 15)
5. court's findings on fir and ongoing offenses (Para 16 , 17 , 18 , 19)
6. conclusion on the petition for quashing fir (Para 20 , 21)

JUDGMENT :

KULDEEP MATHUR, J.

1. The instant criminal miscellaneous petition has been preferred by the petitioner for quashing FIR No. 442/2022 lodged at RS Nohar, District Hanumangarh for the offences under Sections 420 , 467, 468, 471 and 120-B IPC and investigation pursuant thereto.

2. As per prosecution, the complainant lodged an FIR dated 08.09.2022 before PS Nohar stating inter alia that the complainant is a literate person, running a simple business. In December, 2012 the accused-petitioner No. 1, who is a distant relative of the complainant, visited the house of the complainant. The accused-petitioner asked the complainant as to how his business was doing, to which the complainant replied that his business is running as per his invested capital. Upon which, the accus