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2004 DIGILAW 10 (RAJ)

Laxmi Narayan S/o Jagannath v. The State of Rajasthan

2004-01-05

N.N.MATHUR

body2004
JUDGMENT 1. - By way of instant petition u/s. 482 of the Code of Criminal Procedure, the petitioner seeks to quash the order of the Additional Sessions Judge No. 2, Bikaner dated 24.1.2002 confirming the order of the Additional Chief Judicial Magistrate No. 3, Bikaner framing charge against the petitioner for offence u/ss. 454, 380 & 427 IPC. 2. A complaint was lodged against the petitioner alleging therein that he forcibly entered in the premises of the complainant and committed the theft of some house-hold articles. The police on investigation, found that accused was in the possession of the subject premises as a tenant, as such, there was no case of trespassing and theft. However, the learned Magistrate refused to accept the Final Report and took cognizance against the petitioner for offence u/ss. 454, 380 & 427 IPC. 3. The learned revisional Court has tacitly accepted that the premises in dispute was in the possession of Rabiya. It has been accepted by both the Courts below that complainant has failed to show his possession over the land. In view of this, there is absolutely nothing on the basis of which the petitioner can be tried for the offence u/s. 380 IPC. No useful purpose is going to be served by continuing the proceedings against the petitioner for offence u/ss. 454, 380 & 427 IPC. 4. Consequently, the revision petition is allowed. The orders of both the Courts below whereby the petitioner has been put to trial for offence u/ss. 454, 380 & 427 IPC are quashed and set aside. The proceedings against the petitioner, pending in the Court of Additional Chief Judicial Magistrate No. 3, Bikaner stands quashed.Revision petition allowed. *******