VISHNU KUMAR RATHI & ANR. Vs. STATE OF RAJASTHAN & ANR.
LAWS(RAJ)-2016-7-168
HIGH COURT OF RAJASTHAN
Decided on July 06,2016

Vishnu Kumar Rathi And Anr. Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

M.N. Bhandari, J. - (1.) These criminal misc. applications have been filed to seek recall of the order dated 28.11.2014, passed in Criminal Misc. Petition Nos.1139/2010 and 4858/2014.
(2.) Learned counsel submits that a criminal misc. petition filed in the year 2010 was disposed of by the court in the light of settlement between two parties for offence under Sections 420, 120B IPC and Section 70 of the Indian Partnership Act. The applicant was Registrar of the Firms at the relevant time.
(3.) Two parties in the criminal misc. petitions had submitted various documents of the firm and the applicant acting as Registrar of the Firms, accepted them. She was thus concerned to the dispute between two parties, who finally settled the cases inter se between them. The name of the applicant was referred throughout in all the proceedings but without providing an opportunity of hearing, the criminal proceedings against the accused have been dropped based on settlement. The applicant should have been given opportunity to argue the case and contest it before dropping the proceedings. It is more so when she had also filed criminal misc. petitions from time to time and were pending at the time of disposal of criminal misc. petitions. The details of pending criminal misc. petitions have been given in Para 8 of the applications. Those misc. petitions have been recently disposed of by the Coordinate Bench of this court on 29th June, 2016. The applicant could know about disposal of these criminal misc. petitions recently. The order impugned herein has nexus to the petition now disposed of on 29th June, 2016.;


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