Major Relief for Former Rajasthan MLA Shobharani Kushwaha as High Court Quashes Fraud Case Proceedings

Jaipur: The Rajasthan High Court has granted significant relief to former MLA Shobharani Kushwaha by setting aside the criminal proceedings initiated against her in an alleged fraud case. Justice Sameer Jain, delivering the verdict on Wednesday, overturned the orders of the Bharatpur Trial Court and the Additional Sessions Judge, which had taken cognizance of the case under serious IPC sections.

Trial Court Orders Quashed

The High Court struck down the lower courts’ orders dated 18 October 2022 and 12 May 2023, under which cognizance had been taken against Kushwaha under Sections 420 (cheating), 406 (criminal breach of trust), and 120-B (criminal conspiracy) of the Indian Penal Code.

With this decision, all criminal actions initiated against the former legislator stand nullified.

Defense Argument: Merely a Shareholder, Not in Management

During the hearing, senior advocate Madhav Mitra, appearing for Kushwaha, argued that after the police investigation, the chargesheet was filed only against a few co-accused. Proceedings against the others were kept pending under Section 173(8) of the CrPC.

The counsel further clarified that Shobharani Kushwaha was merely a shareholder in the concerned company and had no role in the management, board decisions, or daily operations. Therefore, attributing criminal liability to her was unjustified.

High Court Intervention Brings Relief

The alleged fraud case was linked to a company dispute, in which the trial court had earlier directed criminal action against Kushwaha based on the charges invoked.

By quashing these orders, the High Court has provided substantial relief, observing that the proceedings lacked sufficient grounds to continue against her.

The ruling brings an important closure for the former MLA and underscores the court’s stance on preventing misuse of criminal charges in corporate disputes.