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2023 DIGILAW 1189 (RAJ)

Surendra Kumar Bardia v. State of Rajasthan

2023-05-26

BIRENDRA KUMAR

body2023
ORDER 1. The petitioner is purchaser of FIR referred Khasra No. 607/1 Rakba 01-11-00. The nature of the land was uncultivated. The sale deed was executed on 09.04.2012 in favour of the petitioner by Rajendra Yadav and others. 2. It is said that proceedings for acquisition of that land was to start. The petitioner got nature of the land changed and got Patta on 05.10.2018 showing the nature of land as residential one. 3. Contention of the State-respondent is that in-spite of the sale deed, the petitioner was not in possession of the land. 4. Moreover, the said Patta was issued in favour of the petitioner in collusion with the authority concerned just to ensure unlawful gain by claiming higher compensation in the event of acquisition of the said land for which process is already going to be initiated. 5. Evidently, all these matters can be looked into in some other proceeding and not in a criminal proceeding arising out of impugned FIR No. 402/2022 registered with police station Madanganj, Ajmer for offences under Sections 420, 467, 468 and 120-B of IPC. 6. A criminal court cannot declare a registered sale deed as fictitious and unoperative document. So far as dispute regarding nature of land is concerned; whether it is uncultivated (Banjar) or residential one could also not be decided by a criminal court. 7. Therefore, continuance of criminal proceedings would be an abuse of process of law. Accordingly, the impugned FIR as well as the subsequent proceedings stands hereby quashed and the petition is allowed. 8. Pending application, if any, stands disposed of.