HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

1. S.B. Criminal Miscellaneous (Petition) No. 2788/2012

1. Alok Tripathi son of Shri Krishan Kant Tripathi, resident of 143,

L.I.G. Avash Vikas Colony, Kalyanpur, Kanpur

2. Ashish Kumar Tripathi son of Shri Krishna Kant Tripathi, resident

of 143, L.I.G. Avash Vikas Colony, Kalyanpur, Kanpur

3. Vishnu Kant Tripathi son of Shri Krishna Kant Tripathi, resident of

143, L.I.G. Avash Vikas Colony, Kalyanpur, Kanpur

----Accused-Petitioners

Versus

1. The State of Rajasthan

2. Deputy Commissioner of Police @ Superintendent of Police

(South), Jaipur Metropolitan, Jaipur

----Non-petitioners

3. Mangoo Singh, A.S.I. Police Station Sindhi Camp, Jaipur

Metropolitan, Jaipur (South), Jaipur

…...Complainant-non-petitioner

AND

2. S.B. Criminal Miscellaneous (Petition) No. 4440/2014

1. Shashi Kant son of Uma Kant

2. Shiv Kant son of Uma Kant

3. Kusuma Devi D/o Shri Shyamsunder

4. Smt. Rekah Tripathi D/o Krishan Kant Tripathi

All residents of 151, Bhawantpur Choubeypur, Kanpur (U.P.)

----Accused-Petitioners

Versus

1. State of Rajasthan

2. Mangu Singh, Assistant Sub Inspector, Police Station Sindhi

Camp, Jaipur (West)

----Complainant-non-respondent

For Petitioner(s)

:

Ms. Savita Nathawat, Advocate for

Mr. A.K. Gupta, Advocate

For Respondent(s)

:

Mr. Mahendra Meena, Public Prosecutor

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[CRLMP- 2788/2012]

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

Date of Order

:::: 5^th July, 2022

****

Aforementioned two criminal miscellaneous petitions under

Section 482 of the Code of Criminal Procedure, 1973 have been

preferred on behalf of the accused-petitioners for quashing of impugned

F.I.R. bearing No.211/2011 registered at Police Station Sindhi Camp,

Jaipur Metropolitan (South) for offences punishable under Section 420

of Indian Penal Code and under Sections 3, 4, 5 & 6 of the Prize Chits &

Money Circulation Schemes (Banning) Act, 1978 (here-in-after referred

to as ‘the Act of 1978’).

In S.B. Criminal Miscellaneous Petition No.4440/2014, it is

further prayed that the order dated 26.02.2013 passed by the Court of

Metropolitan Magistrate, No.15, Jaipur Metropolitan, Jaipur, by which

warrants of arrest were issued under Section 37 of the Police Act, in

Case No.170/2012, may also be quashed and set aside.

Learned counsel appearing for the accused-petitioners has

submitted that the petitioners’ company approached this Court through

Shashin Srivastava, A.G.M. (Operations) by way of filing a petition

bearing No.77/2012 and the Court vide its order dated 09.01.2012

disposed of that petition. After that, the company had submitted a

representation (Annexure-1) but inspite that, the respondents have

kept the investigation pending under Section 173 (8) Cr.P.C. against the

petitioners and all of their accounts have been seized. In these

circumstances, registration of F.I.R. against the petitioners amounts to

abuse of process of law. It has further been submitted that no material

has been produced to show that the company was dealing with the

money circulation scheme. It has also been submitted that from the

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[CRLMP- 2788/2012]

Certificate and memorandum (Annexure-2), it is clear that the company

is not involved in any money circulation scheme, as mentioned in

agreement of plot booking (Annexure-3) also.

It has been contended by the learned counsel appearing for

the accused-petitioners that the agreement (Annexure-3) clearly

indicate that the company had practice of taking money in installment

and after deposit of all the installments, the applicant would be entitled

to get plot. It has further been contended that there must be some

money circulation scheme offered by the company to its applicant/

member, whereas no such offer has been made by the company and the

company has not