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2017 DIGILAW 27 (RAJ)

Rupa Ram S/o Shri Chima Ram v. State of Rajasthan through Tehsildar

2017-01-03

VIJAY BISHNOI

body2017
JUDGMENT : Vijay Bishnoi, J. 1. This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner with a prayer for quashing of FIR No.141/2016 of Police Station Dechu, Jodhpur (Rural). 2. Learned counsel for the petitioner has submitted that the impugned FIR has been lodged by the complainant only with the intention to harass the petitioner and his family members. It is contended that in relation an agricultural land, the father of the petitioner and other persons had already filed a revenue suit under Section 188 of the Rajasthan Tenancy Act in the court of Sub Divisional Officer, Shergarh, in which, ad interim stay order has been passed by the Sub Divisional Officer, Shergarh on 7.6.2016 and to negate that ad interim stay order, the complainant has filed this false FIR against the petitioner and the other persons. It is also contended that one of the persons named in the FIR died way back in the year 1977, however, he has been shown as one of the accused in the FIR. Learned counsel for the petitioner has further argued that when revenue and civil dispute are going on between the parties, the impugned FIR filed against the petitioner and other persons for the offences punishable under Sections 447 and 427 IPC cannot be maintained. It is further contended by learned counsel for the petitioner that the impugned FIR has been lodged after a delay of three months and, therefore, the same may be quashed. 3. Per contra, learned Public Prosecutor has submitted a factual report and argued that the police after thorough investigation has found prima facie case against the petitioner and other co-accused persons for the offences punishable under Sections 447 and 427/34 IPC. It is contended that four of the accused persons including the petitioner have already been arrested and enlarged on bail. It is also contended that the police has prima facie concluded that on 9.6.2016, the petitioner along with other persons had trespassed in the agricultural land of the complainant and destroyed the property over there and therefore prima facie case is made out against the petitioner. 4. Heard learned counsel for the petitioner, learned Public Prosecutor and perused the impugned FIR. 5. 4. Heard learned counsel for the petitioner, learned Public Prosecutor and perused the impugned FIR. 5. In the impugned FIR, the complainant has alleged that on 9.6.2016, the petitioner along with other persons had trespassed in his agricultural land and destroyed the property over there. The police after thorough investigation has found involvement of the petitioner in the commission of crime. Simply because some dispute in the revenue court is pending between the parties, it cannot be said that the FIR for commission of criminal offence cannot be lodged against the petitioner. From a bare perusal of the allegations contained in the impugned FIR, prima facie case is made out against the petitioner. 6. Hence, no interference is called for by this Court in this criminal misc. petition and the same is hereby dismissed. Stay petition also stands dismissed. The factual report be taken on record.