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Rajasthan High Court – Jaipur
Hemant Kumar Meena S/O Shri Kirodi Lal … vs State Of Rajasthan (2025:Rj-Jp:28006) on 25 July, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:28006]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1764/2023
1. Ram Singh S/o Shri Leela Ram, Aged Adult, Presently
Working As The Asst. General Manager, State Bank Of
India, Regional Office Zonal Office-2, Near Sahani
Hospital, 255, N.e.b. , Subhash Nagar, Alwar (Raj).
2. Anil Kumar Tak S/o Late Shri Babu Lal Tak, Aged Adult,
Deputy General Mangaer, State Bank Of India, 4Th Floor,
Nehru Place, Jaipur (Raj).
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Babu Lal Meena S/o Shri Panchu Ram Meena, R/o House
No. 175/64, Sector 17, Pratap Nagar, Kumbha Marg,
Jaipur City (East), Rajasthan And At Dhani Kaythawali
Amai, Kotputli, Jaipur Rural, Rajasthan.
—-Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 1765/2023
1. Hemant Kumar Meena S/o Shri Kirodi Lal Meena, State
Bank Of India, Regional Office, Zonal Office-2, Near
Sahani Hospital, 255, N.e.b., Subhash Nagar, Alwar (Raj).
2. Satish Kumar, S/o Shri Banwari Lal Sharma, State Bank
Of India, Regional Office, Zonal Office-2, Near Sahani
Hospital, 255, N.e.b., Subhash Nagar, Alwar (Raj).
—-Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Babu Lal Meena S/o Shri Panchu Ram Meena, R/o House
No. 175/64, Sector 17, Pratap Nagar, Kumbha Marg,
Jaipur City (East), Rajasthan And At Dhani Kaythawali
Amai, Kotputli, Jaipur Rural, Rajasthan.
—-Respondents
For Petitioner(s) : Mr. A. K. Sharma, Senior Advocate
with
Mr. Suruchi Kasliwal Multani
Mr. Vikram Singh
For Respondent(s) : Mr. M. S. Shekhawat, PP
Mr. Babu Lal Meena, present in person
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[2025:RJ-JP:28006] (2 of 7) [CRLMP-1764/2023]
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
25/07/2025
1. The present petitions are filed under Section 482 of
Cr.P.C. seeking directions for quashing of FIR No. 13/2023 dated
05.01.2023 lodged in the Police Station NEB Alwar for the offence
under Section 166A, 188 and 120B of IPC and Section 3(2)(va) of
the SC/ST Act.
2. Learned Senior counsel- Mr. A. K. Sharma, representing
the petitioners has submitted that present FIR is lodged by
respondent No. 2/complainant against the erstwhile officers of the
State Bank of India (SBI). It is further submitted that complainant
is indulged in a long-standing pattern of filing frivolous, vexatious,
and malicious litigation (both civil and criminal) against various
officers of SBI and the lodging of impugned FIR is another
instance of abuse of criminal process by the respondent No. 2.
3. Further, it is submitted that present matter is purely
civil in nature and related to service dispute which is subjudice
before the Co-ordinate Bench of this Court. Furthermore, it is
submitted that dispute pertains to the non-release of annual
increments qua the respondent No. 2 pending from the time his
tenure of service with the Bank.
4. Additionally, it is submitted that present FIR is a classic
example of forum shopping and misuse of legal process. It is
further submitted that respondent No. 2 is a compulsive litigant
and approximately 20 criminal complaints/FIRs are lodged against
approx. 50 different officers of the Bank (Annexure-5).
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[2025:RJ-JP:28006] (3 of 7) [CRLMP-1764/2023]
5. Further, it is submitted that under the provisions of
Rajasthan Vexatious Litigation (Prevention) Act, 2015, concerned
Bank has filed a petition titled State Bank of India & Anr. Vs.
Babu Lal Meena ; DBCWP No. 7169/2016, before the Division
Bench of this Court, wherein an interim order was passed vide
order dated 26.09.2016, which was confirmed or made absolute
vide order dated 07.11.2016 (Annexure-7).
6. It is next submitted that despite being apprised of the
stay orders, in a flagrant disregard of judicial discipline, impugned
FIR No. 13/2023 registered at P.S. NEB Alwar and 19/2023
registered at P.S. Ashok Nagar Jaipur, was lodged by the
respondent No.2, which is clear contravention of the binding stay
orders. However, concerned Court has passed an order staying the
proceedings in furtherance to the said FIRs vide order dated
28.03.2023 (Annexure- A).
7. Lastly, it is submitted that respondent No.2 has already
filed three petitions before the High Court, for restoration of pay,
release of annual increments, payment of full pension and
reinstatement in service, therefore, parallel criminal proceedings
cannot be initiated.
8. Per contra, respondent No. 2, present in person, has
submitted that present petitions are not maintainable for the
reason that he belongs to SC/ST Community and petitioners are
harassing him. It is further submitted that despite the categorical
orders passed by a quasi judicial authority way back in the year
2010, the same were not complied with by the petitioners in letter
and spirit. Further, the said orders have attained finality, thus
criminal proceedings can be initiated parallel to each other.
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9. It is further submitted that when concerned Bank has
introduced an Amnesty Scheme by way of Circular, he has
approached the competent authorities with intention to withdraw
the petitions so that in light of the said Scheme, settlement can be
made, however, on account of vindictive attitude of the officers,
same was not considered, prompting lodging of present FIR for
non-compliance of the order passed by quasi -judicial authorities.
10. Further, it is submitted that criminal and civil
proceedings can run simultaneously. In support of the said
contention reliance is placed upon the dictum enunciated in
Kathyayini Vs. Sri Sidharth P.S. Reddy reported in 2025 INSC
818.
11. Furthermore, it is submitted that petitioners have not
approached this Court with clean hands as they have taken
recourse to the Division Bench and have not disclosed the
petitioner qua filing of present quashing petition. In support of the
said contention reliance is placed upon the dictum enunciated in
Ambalal Parihar Vs. State of Raj. & Ors.: Criminal Appeal
No. 3233/2023 and Pradeep Nirankarnath Sharma Vs. State
of Gujarat & Ors.: SLP No. 3154/2024.
12. Additionally, it is submitted that while exercising
powers under Section 482 of Cr.P.C., Courts should not interfere in
the matter when the same requires investigation and involves
disputed question of facts and same are to be dealt and
considered by the learned trial Court.
13. Having heard and considered the arguments advanced
by respective parties, scanned the material available on record
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and considered the judgments cited at the Bar, this Court has
made the following observations:-
13.1 That contents of the FIR reflects that the petitioners are
the employees of the SBI Bank, who were carrying out their
official duties.
13.2 That the respondent No. 2/complainant was an
erstwhile employee of the Bank who was given compulsory
retirement on account of his misconduct.
13.3 That the respondent No. 2 is observed to be a
compulsive litigant as he has lodged approximately 20 FIRs
against the petitioners which are pending before the concerned
Court.
13.4 That allegations leveled in the FIR, are already subject
matter of dispute before this Court as petitions qua restoration of
pay, release of annual increments, payment of full pension and
reinstatement in service along with consequential benefits are
pending. Details of petitions in summary form, are reproduced as
under:-
List of Civil Cases
S. No. Title & Case No. Prayer
1. SBCWP No. Implement the order dated 28.07.2010
6566/2015 titled an extent the benefit of restoration as
Babu Lal Meena well as due annual grade increments to
Vs State Bank of the Petitioners @ 18% p.a. from the
India date of realization
To set aside the order dated
27.02.2013 passed by the disciplinary
authority whereby the Petitioner has
been imposed the penalty of reduction
of basic pay by two stages with
cumulative effect
To quash and set aside the order dated
10.06.2013 passed by the appellate
authority whereby the appeal dated
04.05.2013 preferred by the Petitioner(Downloaded on 31/07/2025 at 10:00:45 PM)
[2025:RJ-JP:28006] (6 of 7) [CRLMP-1764/2023]against the order dated 27.02.2013 has
been dismissedTo quash and set aside the order dated
06.12.2014 and order dated
08.04.2015 whereby Petitioner has
been denied the arrears due to him and
have been wrongly implicated of the
misconduct of willful absence from duly
for 898 days and for incorrect
computation of the service benefits due
to the Petitioner
To direct the respondents bank to make
the payment of the Petitioners of all the
arrears of restoration of basic pay as
well as annual grade increments with
interest of 18% per annum from the
date of realization
Any other order which this Hon’ble
court deems just and proper in the
facts and circumstances of the case
Cost of the petition be awarded in
favour of the Petitioner
2. SBCWP No. Direct the Respondents to pay the
2022/2016 titled 100% amount of pension, computation
Babu Lal Meena of pension, gratuity and other services
Vs State Bank of and retiral benefits to the Petitioner
India which is due from the date of his
superannuation along with the interest
of 18% p.a. with all consequential
benefits treating the petitioner retired
on completion of 33 years of
continuous service.
3. SBCWP No. Order of compulsory retirement dated
14491/2016 31.03.2015 (Annx-11, Pg 309-319) and
titled Babu Lal the Order dated 30.09.2015 (Annx-17,
Meena Vs State Pg 547) passed by the Appellate
Bank of India Authority may kindly be quashed & set-
aside and Respondents may kindly be
directed to reinstate Petitioner in
service with all consequential benefits
treating him to continue in service.
Cost of litigation awarded to the
Petitioner.
13.5 That contents of the FIR reflects that dispute is purely
civil in nature, thus relying upon the judgment passed in Rikhab
Birani & Anr. Vs. State of UP & Anr.: SLP (Criminal) No.
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8592/2024, Naresh Kumar and Anr. Vs. State of Karnataka
and Anr., reported in 2024 INSC 196, Randheer Singh vs.
State of U.P. nad Ors., reported in (2021) 14 SCC 626, Usha
Chakraborty and Anr. vs. State of West Bengal and Anr.;
2023 SCC OnLine SC 90 and Kapil Agarwal & Ors. v. Sanjay
Sharma & Ors., reported in (2021) 5 SCC 524, this Court is
inclined to quash the present FIR.
14. Taking note of the aforementioned, FIR No. 13/2023
registered at Police Station NEB, Alwar with all consequential
proceedings, is hereby quashed and set aside.
15. Accordingly, the instant petitions are allowed. Pending
application(s), if any, stand disposed of.
(SAMEER JAIN),J
Pooja /203-204
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