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Gangeshwar Lal Shrivastava & Anr. vs. State of Rajasthan & Ors.

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Bharatiya Nyaya Sanhita, 2023–Secs. 318(4), 316(2), 336(3), 340(2) & 61(2) [Corresponding Secs. 420, 406,468, 471 & 120B of IPC, 1860]–Prayer for quashing the FIR–Acceptability–Allegations levelled in the FIR disclose specific and detailed assertions of siphoning diversion, and misappropriation of funds entrusted for a limited and defined purpose–FIR was registered after conducting preliminary inquiry and recording the satisfaction–Allegation of financial diversion of funds from the inception of the transaction, including diversion to entities not contemplated under the private contract–Merely because a transaction has a contractual foundation does not ipso facto bar criminal proceedings–Petitioners were denied the benefit of anticipatory bail by the Bombay High Court–Impugned FIR discloses prima facie commission of cognizable offence and warrants a full-fledged investigation–Interference declined.