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Kum.Aruna Jain vs State Of Rajasthan And Anr on 3 August, 2018

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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