Alok Kumar v. The State Of Rajasthan Through P.p

S.B. Criminal Miscellaneous (Petition) No. 3500/2018 Alok Kumar S/o Ramkumar, R/o 11, Income Tax Colony, Durgapura,Jaipur Raj. ----Petitioner Versus 1. The State Of Rajasthan Through P.p. 2. Hakam Khan S/o Shamsuddin Khan, B/c Musalman, R/o PlotNo. 59, Shanti Nagar, Near D.c.m. Ajmer Road, Jaipur Raj. AtPresent R/o 179, Stadium Shopping Center, Jodhpur Raj. ----Respondents For Petitioner(s) : Mr. Mahesh GuptaFor Respondent(s): Mr. Mahendra Sharma For the State:Mr. Prakash Thakuriya, P.P. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order 12/09/2018 Instant petition has been preferred under Section 482Cr.P.C. seeking quashing of impugned F.I.R. No.233/2018 dated23.05.2018 registered at Police Station Shyam Nagar, Jaipur City(South) for offences punishable under Sections 420, 406, 467, 468, 471and 120-B I.P.C. This Court on 04.07.2018 had passed the following order :- “The learned counsel appearing for the petitioner has submittedthat the petitioner is only witness to the memorandum ofunderstanding. Counsel has further submitted that no personhas been wrongly identified and the witness cannot be heldresponsible for the contents of the document. Counsel appearing for the petitioner has contended that merelybecause memorandum of understanding was not registered thepetitioner who is witness cannot be held liable for any offence. Issue notice to the respondents, for 12.09.2018. Till then, the further proceedings arising out of impugned F.I.R.,qua the petitioner shall remained stayed.” Today, ld. Public Prosecutor appearing for the State, oninstructions from Sub Inspector – Mr. Ashutosh, earlier InvestigatingOfficer and Assistant Sub Inspector – Mr. Rajkumar, present in person,has submitted that it has emerged in the investigation that thepetitioner – Alok Kumar was go-between for execution of the agreementand he was aware of the fact that the property was already sold byRajendra Kumar Jain. Counsel appearing for the State has also readsubsequent statement of Hakam Khan, complainant recorded underSection 161 Cr.P.C. to contend that the amount of Rs.41,00,000/- washanded over to the petitioner – Alok Kumar. In the present case, investigation is going-on. At this juncture, on the basis of allegations, which havebeen divulged by ld. Public Prosecutor appearing for the State, noground is made out to quash impugned F.I.R. and the present petition,being devoid of merits is dismissed. (KANWALJIT SINGH AHLUWALIA),J ashok