2022 (4) TMI 123

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....sel for the parties. What is emanating from the record that earlier for the same set of accusations and substance, at the behest of the same complainant, a criminal complaint came to be submitted in the Court of learned Judge, NDPS Act Cases, Jaipur on 21.02.2021. In pursuance of the proceedings undertaken in that complaint, the learned Judge on 15.03.2021 issued warrant of arrest against the petitioners. Feeling aggrieved by the very initiation of proceedings as well as the issuance of warrant of arrest, the petitioners filed a D.B. Civil Writ Petition No. 4074/2021 wherein vide order dated 25.03.2021, the Division Bench of this Court passed order which is reproduced here:- "25/03/2021 Learned counsel for the petiti....

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....ut they shall not be arrested in compliance of the order dated 15/03/2021 passed by the court of learned Special Judge NDPS Cases, Jaipur till the next date. List the matter on 19/04/2021." In pursuance of the directions passed by the Division Bench of this Court, the petitioners have appeared before the Investigating Authorities. Mr. V.R. Bajwa, learned senior counsel assisted by other learned counsels have vehemently and fervently urged that only with a view to defeat the order passed by the Division Bench and to spite the petitioners, a subsequent complaint, on the same set of allegations, has been submitted under the nomenclature of supplementary complaint vide taking resort of Section 299 of Cr.P.C. It is submitted th....