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Judgment
Heard learned counsel for the parties. Perused the material available on record.
Having heard and considered the submissions advanced at Bar and, after going through the impugned FIR, this Court is of the opinion that it cannot be
concluded at this stage that the same does not disclose commission of cognizable offence so as to quash the same qua the present petitioners. Further,
this Court has been apprised of an order dated 18.11.2019 passed by the learned Additional Sessions Judge No.1, Mount Abu (Camp Pindwara),
District Sirohi in Sessions Case No.6/2019 arising out of this very impugned FIR (340/2018) whereby, the charge-sheeted accused have been
discharged from the offences under Sections 395 and 397 of the IPC. The said order reportedly has been challenged in this Court by the complainant.
Be that as it may. The fact remains that the order passed by the competent court is in existence and thus, it is expected that the investigating officer
shall consider the effect thereof before filing result of investigation in the court concerned qua the present petitioners.
With these observations, the misc. petition as well as stay application are disposed of.
