Decriminalizing Offences under Commercial Laws
Jaiprakash Gupta
THE STARTING POINT
The High Court of Rajasthan at Jodhpur by an Order authored by Justice Arun Monga dated 06/08/2024 in the case of Rana Ram S/o Bhera Ram Choudhary Versus 1. the State Of Rajasthan and 2. Shiv Kumar Mandovra, has held thus- “Yet another case is before this Court, where the dispute between the parties is though out rightly civil in nature, but in misuse of powers by rather over compliant police officials, obviously to help the complainant, an FIR has been registered for alleged offences under *Sections 420 and 406 of IPC, giving the entire case a color of criminal culpability, where none exists”. It further held that “No preliminary enquiry of any kind was carried out. Complaint received in the police station was simply converted into an FIR.”. In his opinion, it was a fit case to exercise inherent jurisdiction vested with the Court under Section 482 CRPC beyond the prayer in the petition, to prevent abuse of.......