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1999 DIGILAW 1536 (RAJ)

MAHA SINGH v. STATE

1999-12-20

MOHD.YAMIN

body1999
Judgment MOHD. YAMIN, J. ( 1 ) THIS petition under Section 482, Cr. P. C. has been preferred by Maha Singh and Surjeet Kaur to quash FIR No. 9/93 of Police Station Keshrisinghpur, District Sriganganagar. ( 2 ) BRIEFLY stated, Tehsildar, Srikaranpur lodged an FIR stating that Inder Singh had filed a suit and obtained a decree from the Munsiff, Sriganganagar on 27-7-1968 to the effect that Smt. Surjeet Kaurwas divorced by him in July, 1965 and was no more his wife as also that Gurtej Singh and Maha Singh were not his sons as Surjeet Kaur, after her divorce, remarried Bagyar Singh. On 15- 12-1963, Inder Singh had transferred 43 bighas 4 bishas land out of his holding to Smt. Surjeet Kaur which she retained even after her divorce. Surjeet Kaur, after remarrying Bagyar Singh, approached Inder Singh and asked for some help as her husband Bagyar Singh was poor man. Inder Singh told that he had already transferred some property to her and would never interfere with it. Lateron this land was sold in the name of Maha Singh petitioner. It was further alleged in the FIR that declaration, by way of decree was obtained on wrong facts. It was further stated in the FIR that the land belonging to Phuman Singh was not transferable to Maha Singh. On the basis of this declaratory decree Maha Singh was claiming himself to be the son of Bagyar Singh while actually he was son of Inder Singh. Similarly, Smt. Surjeet Kaur was claiming herself to be the wife of Bagyar Singh while she was the wife of Inder Singh. ( 3 ) LATERON some proceedings under Sections 175/212 of the Rajasthan Tenancy Act were initiated against the petitioners I by the State in which ultimately it was held that Maha Singh was the son of Bagyar Singh and a member of Scheduled Caste, therefore, the suit filed by Tehsildar was dismissed. The Tehsildar then filed this FIR on the basis of which a case under Sections 420. 467, 468 read with Section 120 - B. IPC has been registered. ( 4 ) I have heard the learned Counsel for the petitioners as well as learned Public Prosecutor. The Tehsildar then filed this FIR on the basis of which a case under Sections 420. 467, 468 read with Section 120 - B. IPC has been registered. ( 4 ) I have heard the learned Counsel for the petitioners as well as learned Public Prosecutor. ( 5 ) LEARNED Counsel for the petitioners submitted that in view of authoritative pronouncement of the Civil Court as long back as in the year 1968 and after dismissal of the suit before the Revenue Court, the questions of paternity of Maha Singh and status of Surjeet Kaur being the wife of Bagyar Singh cannot be raised and as such the transfer of the land cannot be challenged. It has been submitted that the police cannot investigate about these facts which have already been decided by civil as well as Revenue Courts on the ground that declaration by the Court of Munsif was collusive or on any other ground. ( 6 ) LEARNED Public Prosecutor submitted that there are documents even after the declaratory decree, which show that Surjeet Kaur was the wife of Inder Singh and that Maha Singh was the son of Inderjeet Singh. Attention was drawn by learned Public Prosecutor to an affidavit of Tehsildar. Srikaranpur dated 20-9-1990 which mentions that Maha Singh was not the son of Bagyar Singh but he was a son of Inder Singh as well as a report of Patwari dated 24-8-1991 that after enquiry it was revealed that Maha Singh was actually the son of Inder Singh and not of Bagyar Singh and that he was claiming to be the son of Bagyar Singh which was not correct. For Smt. Surjeet Kaur attention was drawn to various voter lists. ( 7 ) IN the facts and circumstances of this case when the Civil Court has already decided that Smt. Surjeet Kaur was divorced by Inderjeet Singh some time in the year 1965 and after the divorce she had married to Bagyar Singh and that Maha Singh was not the son of Inderjeet Singh, that finding is final as it - has not been challenged in any Appellate - Court. It has been urged by learned Public Prosecutor that the decree is collusive. It has been urged by learned Public Prosecutor that the decree is collusive. But it may be stated that it has not been challenged in any Court on this ground and has not been -set aside, police has no power or authority to investigate this fact and come to its own conclusion. The Tehsildar after loosing the suit before the Revenue Court, filed this First Information Report in which the findings of Court cannot be investigated. The Tehsildar, instead of filing an appeal against the judgment dated 17 -3-1997, got criminal proceedings initiated in order to pressurise the petitioners. The facts, which have already been determined by civil suit, cannot be investigated by police in this way with the allegation that the decree has been obtained by collusion or fraud. In view of what I have stated above, this petition should be allowed. ( 8 ) CONSEQUENTLY, the petition is hereby allowed and the FIR No. 9/93 of Police Station Keshrisinghpur, District Sriganganagar is hereby quashed. Petition allowed.