HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 31 / 2015
Jasveer Singh S/o Banta Singh, by caste Kumhar Sikh, R/o
Bhakharwali, Tehsil Sangeria, District Hanumangarh
1. The State of Rajasthan
2. Nakchhatra Singh S/o Sohan Singh, by caste Kumhar Sikh, R/o
Fatehgarh Purushottam Bas, Tehsil and District Hanumangarh
For Petitioner(s) : Mr. Pankaj Gupta
For Respondent(s) : Mr. M.S. Panwar, P.P.
Mr. J.S. Khichi
HON’BLE MR. JUSTICE SANDEEP MEHTA
By way of this petition under Section 482 CrPC, the
petitioner seeks to assail the order dated 25.06.2012 passed by
learned Additional Judicial Magistrate, Hanumangarh in Case
No.137/2012, whereby cognizance was taken against the
petitioner for the offence punishable under Section 406 IPC and
also the order dated 09.12.2014 passed by learned Additional
Sessions Judge No.2, Hanumangarh, whereby the said order of
cognizance was affirmed in revision.
I have heard and considered the arguments advanced
by learned counsel for the parties and have gone through the
documents filed by the police under Section 173 CrPC. The police
after thorough investigation of the case submitted a negative final
(2 of 2)
report finding the complainant’s admitted allegations gave rise to
a dispute of purely civil nature. Learned Magistrate rejected the
final report and took cognizance against the accused petitioner in
the above terms.
Ex facie, I am satisfied with the argument advanced by
learned counsel Mr. Gupta that the admitted allegations of the
complainant do not disclose necessary ingredients of the offence
under Section 406 IPC because the material allegation of
entrustment is totally lacking from the complainant’s evidence.
Furthermore, the complainant himself executed and furnished an
affidavit dated 12.11.2006 to the Investigating Officer verifying
that he had lodged the case owing to misunderstanding and did
not desire any action against the petitioner whatsoever.
In this view of the matter, I am of the firm opinion that
the trial of the accused petitioner Jasveer Singh as well as co-
accused Baldev Singh for the offence under Section 406 IPC is
totally unwarranted and rather amounts to gross abuse of the
process of court. Consequently, the instant misc. petition is
allowed. The impugned order dated 25.06.2012, whereby
cognizance was taken by the trial court for the offence under
Section 406 and all further proceedings of criminal case
No.137/2012 pending against the accused petitioner Jasveer
Singh and the co-accused Baldev Singh are hereby quashed.