HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Criminal Misc(Pet.) No. 1375/2023 Gajendra Singh Shekhawat ----Petitioner Versus State Of Rajasthan ----Respondent Connected With S.B. Criminal Misc(Pet.) No. 8716/2022 Usha Kanwar ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 8925/2022 Rajendra Baheti ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 15/2023 Smt. Vinod Kanwar ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 219/2023 Indu Dakalia ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 220/2023 Dungar Singh ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 226/2023 Mahendrachand Jain ----Petitioner Versus State Of Rajasthan-State ----Respondent S.B. Criminal Misc(Pet.) No. 228/2023 Meena Jain ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 230/2023 Neeru Jain ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 232/2023 Sonu Baheti ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 234/2023 Ashok Rathore ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 1986/2023 Janak Singh ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Misc(Pet.) No. 2518/2023 Chamund Singh ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. V.R. Bajwa, Sr. Adv. assisted by Mr. Aditya Vikram Singh, Mr. Ajit Sharma, Mr. Priyanka Borana and Mr. Amar Kumar Mr. Pradhuman Singh Mr. Sunil Joshi Mr. Shiv Singhal For Respondent(s) : Mr. Manoj Choudhary, Additional SP, SOG, I.O. and OIC Mr. Harin P. Raval, Sr.Adv.assisted by Mr. Siddhant Sharma Mr. Anil Joshi, GAcumAAG assisted by Mr. Pallav Sharma and Mr. Rajat Chhaparwal Mr. D.D. Chitlangi Mr. Pooshan on behalf of Mr. B.P. Bohra Mr. Devesh Yadav on behalf of Mr. R.D. Rastogi Mr. Uttam Singh Rajpurohit for Mr. Mukesh Rajpurohit (Dy.SG)

HON'BLE MR. JUSTICE FARJAND ALI

Order

24/11/2023 S.B. Criminal Misc(Pet.) No. 1375/2023

1. The matter comes up on the second stay petition filed under Section 482 CrPC on behalf of petitioner-Gajendra Singh Shekhawat seeking stay on further investigation as well as filing of charge sheet in FIR No. 32/2019 at PS. SOG during pendency of the instant petition.

2. Learned senior counsel for the petitioner, Shri V.R. Bajwa, submits that the matter pertains to one falling under the purview of the Banning of Un-regulated Deposits Act, 2019 which is a Special Act and the state police lacks jurisdiction to investigate under FIR No. 32/2019 while laying special emphasis on the non- obstante clause under Section 34 of the BUDS Act. The petitioner has been roped in the present matter on the basis of political malice. He has neither been summoned by the investigating officer in relation to FIR No. 32/2019 nor has he been named as an accused in any of the charge-sheets filed in respect of the said FIR.

3. Learned senior counsel for the respondents, Shri Harin Rawal, opposes the submissions made on behalf of the petitioner with fervour and submits that looking to the enormity of the crime, the influential status of the petitioner and the web of intricately-woven allegations, the stay petition filed on behalf of the petitioner should not be allowed and no relief should be granted to the petitioner in this regard.

4. Heard learned counsel for the parties at length and gave a cursory look to the relevant material available on the voluminous record.

5. The FIR No. 32/2019 was filed on 23.08.2019 at P.S. SOG. Uptil now, a total of four charge-sheets have been filed in the matter. The first charge sheet was filed on 11.12.2019 in which five persons were made accused and investigation was kept pending under Section 173(8) of CrPC. The first supplementary charge sheet was filed on 12.02.2020 against additional accused persons and investigati