'Prima Facie Discloses Fund Siphoning': Rajasthan High Court Refuses To Quash Cheating FIR Against Filmmaker Vikram Bhatt, Others

The Rajasthan High Court rejected pleas filed by filmmaker Vikram Bhatt and other persons seeking quashing of a cheating FIR lodged against them, observing that the FIR at this stage "prima facie" disclosed allegations of siphoning, diverting and misappropriation of funds which cannot be treated as "mere breach of contract". The matter related to a FIR being filed against the...

Third Party Has No Locus To Oppose Withdrawal Of Criminal Complaint: Rajasthan High Court

The Rajasthan High Court recently rejected a petition challenging a trial court order that allowed withdrawal of a private complaint, opining that a third party who was neither the victim nor the complainant themselves, had no locus standi to revive the criminal proceedings.The bench of Justice Anoop Kumar Dhand emphasized that if such practice is allowed in a casual manner, any...

Registered Owner Not Entitled To Interim Release Of Vehicle Seized In NDPS Case If He Is Also An Accused: Rajasthan High Court

The Rajasthan High Court has held that the registered owner of a vehicle, seized in relation to an NDPS case, is not entitled to get interim custody of the vehicle merely on the grounds of ownership if he/she himself/herself is one of the accused in the case. The bench of Justice Anoop Kumar Dhand was hearing a petition challenging the order of the trial court wherein the application filed by...

Filing Of 'Negative Report' Doesn't Authorise Police To Prosecute Informant For False Case: Rajasthan High Court

The Rajasthan High Court recently quashed the criminal proceedings against a young petitioner, initiated by the police under Section 211 IPC for filing false case, opining that such proceeding could be initiated only upon a written complaint by the Court in relation to which the offence was committed.Section 211, IPC deals with the office of initiating false criminal proceedings and...

23 Yrs On, Rajasthan High Court Upholds Reinstatement Of Govt Employee Terminated After Arrest In Cheating FIR

The Rajasthan High Court upheld an order directing reinstatement of a woman government employee who was terminated in 2002 following her arrest in relation to a cheating FIR in which she was eventually acquitted. The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Anuroop Singhi was hearing a special appeal filed by the State challenging order of a single judge bench that...

RBI Circulars Restricting Co-operative Banks From Accepting Demonetised Notes Valid: Rajasthan High Court

The Rajasthan High Court has rejected a bunch of petitions filed by primary agricultural credit societies seeking acceptance of the demonized notes of Rs. 500 and Rs. 1000 held by these societies, and upheld RBI's 2016 circulars barring District Central Cooperative Banks from accepting the demonized notes.The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Anuroop Singhi...

Condonation Must Be Considered Despite Deemed Service On GST Portal: Rajasthan HC Sets Aside Dismissal Of GST Appeal On Limitation

The Rajasthan High Court, in a matter concerning effective service of appellate order and consideration of condonation of delay application, has set aside order passed by the Appellate Authority. In a recent judgment a Division Bench comprising, Justice Pushpendra Singh Bhati and Justice Sanjeet Purohit on dismissal of appeal on account of limitation, emphasized that condonation of...

Rajasthan High Court Rejects Bail To Payment Aggregator Facilitators In ₹95 Crore GST Evasion Via Online Gaming Transactions

The Rajasthan High Court rejected the bail application of the applicants accused of facilitating large-scale GST evasion through online gaming transactions. Justice Sameer Jain stated that bail should normally be granted for offences under section 132 of the CGST Act, unless extraordinary circumstances exist, and in the matter at hand, there is GST evasion of approximately Rs....

NDPS Act | Rajasthan High Court Allows Interim Release Of Seized Vehicle After Finding Owner Not Named As Accused

Rajasthan High Court granted relief to a petitioner whose car was seized by the police in relation to an NDPS case, after contraband was recovered from it, noting that the no involvement of the petitioner was found in the case during investigation, neither was he impleaded as an accused in the FIR.The bench of Justice Anoop Kumar Dhand relied upon the Supreme Court ruling in the case of...

Rajasthan Housing Board Can't Cancel Auction Merely Because It Received Single Bid: High Court

The Rajasthan High Court asserted that allocation of an auction cannot be cancelled merely on the ground that there was a single bidder and hence, “lack of competition”, especially when the bidder had complied with all the stipulated conditions.Justice Nupur Bhati was hearing a petition by a person who participated in Rajasthan Housing Board's e-auction for a commercial plot, and...

'Serious Threat To Nation': Rajasthan High Court Rejects Pleas Of Life Convicts Seeking Premature Release In 1993 Train Bomb Blast Case

Rajasthan High Court dismissed the petitions filed by four convicts of the December 1993 serial train Bomb Blast cases presently serving life sentence, who had sought premature release and had challenged the rejection of their representations by the State Government. The division bench of Justice Sudesh Bansal and Justice Bhuwan Goyal observed that while exercising power of judicial review,...

Right To Travel Abroad: Rajasthan High Court Quashes Trial Court Order Impounding Accused's Passport For Breach Of Bail Condition

The Rajasthan High Court granted relief to an accused whose passport was directed to be impounded for violating his bail conditions by travelling abroad without court's permission, opining that continued impounding of passport would violate his fundamental right to life and liberty under Article 21 of the Constitution.The bench of Justice Anoop Kumar Dhand highlighted that even though the...