HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 996/2014
Kum. Aruna Jain Advocate D/o Shri Parasmal Jain , R/o Shahpura
Mohalla, Beawar, District Ajmer Rajasthan
—-Petitioner
Versus
1. The State Of Rajasthan Through P.p.
2. Durgadas Rathore Son Of Shri Nathu Singh , R/o Buti House,
Masuda Road, Beawar, District Ajmer Raj., Advocate, Court
Premises, Beawar District Ajmer Raj.
—-Respondents
For Petitioner(s) : Ms. Preeti Jain
For Respondent(s) : Mr. Deshraj Kalwania
For the State : Mr. Prakash Thakuria, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
03/08/2018
Instant petition has been preferred under Section 482
Cr.P.C. seeking quashing of impugned F.I.R. No.105/2014 dated
05.02.2014 registered at Police Station Beawar City, District Ajmer, for
commission of offence punishable under Section 406 of Indian Penal
Code.
In the present case, the then President of the Bar
Association, Beawar City had lodged the report alleging therein that the
petitioner practicing Advocate being a Member of the Bar Association
had got issued two books from the Beawar Bar Association Library,
Beawar City. For non-return of the two books, impugned F.I.R. has been
registered for offence punishable under Section 406 I.P.C.
(2 of 2) [CRLMP-996/2014]
The learned counsel appearing for the petitioner has
submitted that she has already deposited Rs.3000/- under protest.
Be that as it may, since the petitioner has deposited the
amount and withdrawal of the books from the library by the Member
and non-return thereof will not prove intention of the petitioner-
member to misappropriate the books as the same may have been lost
by the petitioner because of the bonafide reasons, hence, no offence
under Section 406 I.P.C. is made out.
Consequently, the present petition is accepted. The
impugned F.I.R. is quashed primary for the reason that the petitioner
has already deposited Rs.3000/- in the Library towards books not
returned and the said amount shall be retained by the Library.
(KANWALJIT SINGH AHLUWALIA),J54
ashok
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