JUDGEMENT
SANJEEV PRAKASH SHARMA,J. -
(1.) These Criminal Misc. Petitions are pending before this Court since 2013 and have been taken up for final arguments.
(2.) Learned counsel for the petitioners as well as learned Additional Advocate General, appearing for the State are in
agreement that the proceedings, which have been initiated against
the petitioners in FIR No. 160/2010, registered at Police Station,
Brahmpuri, Jaipur of which cognizance was taken for offence
under Sections 420 , 409 , 120B IPC, cannot continue in view of the
judgment passed by the Supreme Court in Jal Mahal Resorts
Private Limited Vs. K. P. Sharma and others (Civil Appeals
No. 4912, 4913 & 4914 of 2014, decided on 25/04/2014, reported
in (2014) 8 SCC 804.
(3.) It is an admitted position that the FIR was lodged at the instance of Bhagwat Gaur at Police Station, Brahmpuri, Jaipur
bearing No. 160/2010 under Section 420 , 467 , 471 and 120B IPC
wherein, after investigation conducted three times by different
Investigating Officers, final report was submitted in negative form
with result that offences alleged have not made out, cognizance,
however, was taken on the basis of the Protest Petition filed by
Bhagwat Gaur and arrest warrants were issued by the learned
Magistrate.;
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