Yogesh Singh Tanwar vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1878

CHANDRA KUMAR SONGARA
Yogesh Singh Tanwar – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Narpat Singh Shekhawat, Advocate.
For the Respondent:Mr. Mahendra Meena, Public Prosecutor Mr. Raghu Nandan Sharma, Advocate & Mr. Abhinav Srivastava, Advocate for the Complainant.

Table of Content
1. f.i.r. lodged against petitioner. (Para 1)
2. defense arguments against the f.i.r. (Para 2 , 3 , 4 , 5)
3. court's observations on exercise of quashing powers. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12)
4. petition dismissed; f.i.r. stands. (Para 13)

ORDER :

Chandra Kumar Songara, J.

Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused-petitioner with the prayer for quashing of F.I.R. No.868/2019 registered at Police Station Pratap Nagar, Jaipur City (East) for offences punishable under Sections 420 , 406, 467, 468, 471 & 120-B of INDIAN PENAL CODE .

2. Learned counsel appearing for the accused-petitioner has submitted that the impugned F.I.R. has been lodged by the complainant with an inordinate delay and as a counter-blast to falsely implicate the petitioner, as no case is made out against the petitioner. Counsel has further submitted that a civil suit is also pending before learned Civil Court for taking possession of acquired land by the Housing Board and when it came to the knowledge of the petitioner, he approached the complainant to return total amount of sale consideration and the complainant has not ret