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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Bachan Singh S/o Shri Heera Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. case involves multiple similar petitions. (Para 1 , 2 , 3) |
| 2. background of property dispute and allegations. (Para 4 , 5 , 6 , 7) |
| 3. civil court's judgment prevails; no fraud established. (Para 8 , 12 , 18 , 39) |
| 4. procedural issues in taking cognizance. (Para 9 , 10 , 11 , 15 , 20 , 21) |
| 5. no prima facie criminal offense evident from civil issues. (Para 19 , 29 , 37 , 38 , 44) |
| 6. need for following proper procedural law. (Para 23 , 24 , 26 , 27 , 33 , 34) |
| 7. misuse of criminal law to influence civil remedies. (Para 40 , 41 , 46 , 47) |
| 8. quashing of cognizance due to procedural violations. (Para 55 , 56) |
| 9. final order to quash all proceedings. (Para 57 , 58 , 59) |
JUDGMENT :
ANAND SHARMA, J.
1. This batch of Criminal Miscellaneous Petitions under Section 482 of the Code of Criminal Procedure Code comes up before this court for consideration of identical and closely connected facts and contentious questions of law. Each petition in this batch involves allegations arising from similar transaction and raises common points, hence, with the consent of learned counsel for the parties, the petitions were accordingly taken up and heard together and are being decided by this comm
Criminal proceedings stemming from civil disputes must adhere to procedural law, and findings of civil courts regarding contract enforceability prevail in subsequent criminal cases.
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