Research › Search › Judgment

Rajasthan High Court · body

2004 DIGILAW 1065 (RAJ)

Om Prakash v. State of Rajasthan

2004-07-28

N.N.MATHUR

body2004
JUDGMENT 1. - By way of instant petition under Section 482 Cr.PC. the petitioner seeks to quash FIR No. 130/2003, Police Station, Sendra for offences under Section 420, 467, 468, 469 & 471 IPC. 2. I have heard the learned counsel for the petitioner and perused the impugned FIR. According to the complainant there is revenue land in Village Girl in Khasra No. 801 and its adjoining land in Khasra No. 802 measuring 16 Bigha 9 Biswas. One sixth share of the land was of Kalicharan S/o Shanker Lal, who sold his share to Purkha S/o Heera, Bhanwarlal S/o Shanker on 7.2.93 by a registered sale-deed. But the accused petitioner herein while working as a Patwari has made a wrong entry only in the name of Purkha and thereby committed an offence under Sections 420, 457, 468, 469, 471 IPC. Having read the FIR. I am of the view that it does not satisfy the essential ingredients of the aforesaid offences. If the Patwari, who is responsible for making an entry in the revenue record has committed any error, there is a remedy available under the statute. On the facts it is difficult to discern an element of deception in his official act. Any investigation in such a frivolous FIR, amounts to abuse of the process of the court. 3. Consequently, the petition is allowed. The FIR No. 130/2003, Police Station, Sendra, District, Pali as against the petitioner is quashed.Petition allowed. *******