JUDGMENT 1. - The instant Misc. Petition has been preferred by the petitioners seeking quashing of the F.I.R. No. 46/2014 registered at the Police Station Nosra, District Jalore for the offence under Section 91(6)(a) of the Rajasthan Land Revenue Act. 2. The F.I.R. in question was registered by the Halka Patwari, Village Guda Rama, District Jalore on the basis of an enquiry conducted by the Land Records Inspector, Bhadrajun. As per the enquiry report, the petitioners encroached upon Government Lands demarcated as a water course and public pasture and thereby committed the offence under Section 91(6)(a) of the Land Revenue Act. 3. The petitioner have approached this Court by way of the instant Misc. Petition challenging the validity and legality of the F.I.R. in question. 4. Shri Pradeep Shah learned Counsel for the petitioners urged that the F.I.R, in question was registered without application of mind and contrary to the material collected during the enquiry. He urged that numerous witnesses examined during the course of the enquiry clearly exonerated the petitioners and stated that the petitioners did not commit any encroachment at all. Thus as per him the registration of the F.I.R. in ignorance of the exculpatory material is; unjustified. 5. I have heard the arguments advanced by the learned Counsel for the petitioners and have gone through the impugned F.I.R. as well as the other material placed on record. Suffice it to say that the registration of the F.I.R. is just a prelude to the requisite investigation, which would be required for arriving at the truth. Merely because some exculpatory statements in favour of the petitioners were recorded during the enquiry, that by itself cannot be a ground to hold that the F.I.R. impugned does not disclose a cognisable offence so as to quash the same by exercising the inherent powers of this Court. At this stage, there is a distinct allegation in the F.I.R. that the petitioners encroached upon Government Lands demarcated as water course and public pasture and thereby committed the offence under Section 91 of the Land Revenue Act. 6. The petitioner can always make an appropriate representation to the Investigating Officer for satisfying that as a matter of fact, they have not encroached upon the public land. In the event of any such representation being made, it is expected that the Investigating Officer shall take the same into account before filing the result of investigation.
6. The petitioner can always make an appropriate representation to the Investigating Officer for satisfying that as a matter of fact, they have not encroached upon the public land. In the event of any such representation being made, it is expected that the Investigating Officer shall take the same into account before filing the result of investigation. However, it is not a fit case to exercise the inherent powers of this Court for quashing the F.I.R. impugned at the initial stage.Accordingly, the misc. petition being devoid of any merit is hereby rejected.Petition dismissed. *******