JUDGMENT 1. - This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing F.I.R. No. 121/2013 dated 17.9.2013 qua the petitioners, lodged at Police Station Banera, District Bhilwara for the offence punishable under Sections 420,166 and 120-B I.P.C. 2. Brief facts of the case are that the respondent No. 2 lodged a complaint before the Judicial Magistrate, Bhilwara alleging that the agricultural land measuring about 4 big has and 8 biswas situated in Khasra No. 197 in village Lotiyas, Tehsil Banera was recorded in the name of his uncle, who died issue-less. After his death, half of portion of the land was recorded in the name of his father Heera and uncle Raghunath vide Mutation No. 520 having half share of each in the land. On the said half share of the land, his father was in possession up to his death on 8.3.2013 and after death of his father, his family members are in possession of the land. Recently when they obtained the copies of the revenue record belonging to the said agricultural land, they found that name of their father was removed from the revenue record and name of Babu, Chandu and Banshi sons of Prabhu Daroga and names of Rekha and Puja daughters of Prabhu Daroga, Smt. Chhaya devi wife of Prabhu Daroga were recorded in pursuance of some proceedings initiated in the Court of Sub-Divisional Officer Banera. In the said complaint, it is alleged that the then Sarpanch, Smt. Nani Devi Gurjar and the then patwari, Shri Ram Prasad Jat in collusion with the above named persons, prepared a forged certificate and committed offence of cheating. The said complaint filed by the respondent No. 2 was forwarded to the police and the police registered an F.I.R. No. 121/2013 on 17.9.2013 against Nani Devi Gurjar, Ram Prasad Jat, Babu S/o Prabhu Daroga, Chandu S/o Prabhu Daroga, Banshi S/o Prabhu Daroga, Rekha D/o Prabhu Daroga, Puja D/o Prabhu Daroga and Smt. Chhoga Devi W/o Prabhu Daroga for the offences punishable under Sections 420, 166 and 120-B I.P.C. During the course of investigation, the police made the petitioners accused in the impugned F.I.R. and being aggrieved with this, the petitioners have filed this criminal misc.
petition with a prayer for quashing the impugned F.I.R. qua the petitioners on the ground that there is no involvement of the petitioners in the commission of any offence. 3. On 26.2.2014, this Court has directed the Investigating Officer to file the result of the investigation in connection with the impugned F.I.R. till 27.3.2014 and the learned Public Prosecutor was directed to produce the latest factual report from the Investigating Officer on the next date. 4. On 27.3.2014, the factual report was produced before this Court, however, from said factual report, it was not clear that what nature of evidence is available against the petitioners for drawing prima facie conclusion regarding commission of offence as alleged in the impugned F.I.R. and the learned Public Prosecutor was directed to produce the case diary on the next date of hearing. In pursuance to that, the case diary has been produced before this Court. 5. From the perusal of case diary, it is clear that the allegation levelled against the petitioner No. 1 was to the effect that he has prepared a death certificate of Prabhu Daroga while working as a Secretary, Gram Panchayat. It is also borne out from the record that the petitioner No. 1, has issued death certificate of Prabhu Daroga as per directions given by the Sub Divisional Magistrate, Banera passed on an application moved on behalf of widow of Prabhu Daroga for issuance of death certificate of her husband. 6. Against the petitioner No. 2, only evidence is available that she has purchased the said land from Smt. Chhaya Devi through registered sale deed after her name was recorded in the revenue record and there is no evidence available on record to suggest that before purchasing the land in question from Smt. Chhaya Devi, the petitioner No. 2 was aware about the fact that the names of Smt. Chhaya Devi and her children have wrongly been recorded in the revenue record.
Looking to the material collected by the police during the course of investigation, it cannot be said that the petitioners have committed any offence punishable under Sections 420, 467, 468, 471, 166 and 120-B I.P.C. because the petitioner No. 1 has issued the death certificate of Prabhu Daroga as per the directions given by the Sub Divisional Officer, Banera and the petitioner No. 2 has purchased the land from Smt. Chhaya Devi widow of Prabhu Daroga without knowing the fact that the name of Prabhu Daroga was recorded in the revenue record illegally. 7. In such circumstance, the F.I.R. registered against the petitioners for the aforesaid offences is liable to be quashed. 8. Resultant, this criminal misc. petition is allowed. The F.I.R. No. 121/2013 Police Station Banera, District Bhilwara qua the petitioners is quashed. However, the police is free to proceed further against the other accused persons per the result of the investigation. The stay petition is also disposed of.Petition allowed. *******