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2019 DIGILAW 1280 (RAJ)

Hanif Bhai v. State of Rajasthan, Through PP

2019-04-30

PANKAJ BHANDARI

body2019
JUDGMENT 1. Petitioners have preferred this Criminal Misc. Petition with a prayer of quashing of F.I.R. No. 335/2018 registered with Police Station Jawahar Nagar, Kota. 2. It is contended by counsel for the petitioners that documents pertaining to disputed property were given to the petitioners by one Imran who has filed a criminal complaint against the petitioner before Judicial Magistrate No. 4, Kota. 3. It is contended that Imran has provided documents to the petitioners and other residents and petitioners are not having any notice that the documents are forged. 4. Learned Public Prosecutor has opposed the Criminal Misc. Petition. His contention is that F.I.R. discloses commission of a cognizable offence. Petitioners are in possession of government land. They have encroached upon government land and claim possession on the basis of forged documents. 5. I have considered the contentions. 6. The Apex Court "Dineshbhai Chandubhai Patel v. State of Gujarat & Ors." 2018 (3) SCC page 106 has observed that where F.I.R. discloses the commission of cognizable offence, High Court should not in a casual manner entertain a miscellaneous petition seeking quashing of FIR. 7. The present F.I.R. discloses commission of cognizable offence. Admittedly, the land in question is government land and petitioners have encroached upon the same and were found to be in possession of forged documents. No ground is thus made out for quashing of F.I.R. 8. The Criminal Misc. Petition is, accordingly, dismissed. Stay application also stands disposed.