FARJAND ALI
K. N. Prithviraj S/o Late Shri K. Natrajan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
1. These criminal misc. petitions filed under Section 482 of Cr.P.C. on behalf of the petitioners seeking quashing of the FIR No. 103/2009 dated 19.05.2009 registered at Outpost Bikaner Anti Corruption Bureau, Jaipur for the offences under Sections 13(1)(D) and 13(2) of Prevention of Corruption Act, 1988 and Sections 465, 466, 467, 468, 471 and 120-B of IPC.
2. Heard leaned counsel for the parties and perused the material as made available to this Court.
3. The instant criminal misc. petitions are pending before this Court since 2009 and the investigation in the impugned FIR could not be completed because of the operation of interim order passed by a Coordinate Bench of this Court in S.B. Civil Writ Petition No. 2360/2010, Goverdhan Singh & Ors. Vs. State of Rajasthan & Ors.
4. At the outset, learned GA cum AAG-II Mr. N.K. Gurjar has submitted a detailed factual report dated 16.11.2024 along with a copy of the Death Certificate of petitioner - D.S. Rathore sent by the Additional Superintendent of Police, Anti Corruption Bureau, Bikaner, as per which, he has passed away on 15.08.2022. Thus, a criminal action dies with a person as it is taken from the legal maxi
S.K. Alagh Vs. State of Uttar Pradesh & Ors. (2008) 5 SCC 662
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A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
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Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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