Arvind Lunkar vs State Of Rajasthan And Ors

The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. seeking quashing of FIR No.190/2019 registered at Police Station Phalodi (Jodhpur) for the offence under Sections 406, 409, 420 & 120B of IPC.

Brief facts of the case are that the complainant/ respondent no.2 submitted a written report that accused Bhanwar Lal and Pema Ram acquired gold loans from Muthoot Finance Co. Ltd. Branch Phalodi by keeping fake/dummy gold.

Learned counsel for the petitioner submits that the petitioner was posted as Branch Manager at Muthoot Finance Co. Ltd. Branch Phalodi and the gold loan was sanctioned after following due process of law. The application was received at Customer Care by one Ms.Rupali Purohit and the gold was tested and checked by the Appraiser Mr.Bhavin Kumar. Learned counsel for the petitioner submits that the petitioner has no expertise of testing or checking the quality of gold and the petitioner has bonafidely acted on the report of the appraiser. Learned counsel for the petitioners submits that if at all the allegations are accepted to be true, the beneficiaries were Pema Ram and Bhanwar Lal and Mr.Bhavin Kumar the Appraiser has given report regarding the gold and the petitioner was having no role. Learned counsel for the petitioner thus submits that the petitioner may be permitted to move a representation along with all relevant documents before the I.O. bringing all the facts to his notice.

Learned Public Prosecutor assures this Court that if the petitioner submits a representation alongwith all the necessary documents before the concerned investigating authority within a period of fifteen days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.

In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioner submits a representation alongwith all the necessary documents before it within a period of fifteen days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor. However, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioner shall be given 15 days notice before making such arrest. The petitioner shall be at liberty to approach this Court again, in case need arises. However, it is made clear that the petitioner shall be required to join and completely co-operate with the investigation.