PURSHOTTAM DAS Vs. STATE

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 80/2020 registered at Police Station Jaisalmer Kotwali, Distt. Jaisalmer for offence under Sections 420, 406, 467, 468, 471, 120B IPC.

(2.) Brief facts of the case are that the complainant filed a complaint before the Chief Judicial Magistrate, Jaisalmer stating therein that complainant's grand maternal father Shri Devi Das ji had three daughters and a son Purushottam Das. It is stated that Purushottam Das went in adoption of one Laxman Das Bhatiya and was not having any legal right over the properties of Late Devi Dasji, however, the accused petitioners No.2 to 4 in conspiracy with petitioner no.1 Purushottam Das prepared a fake gift deed and initiated proceedings for recovery of rent from the tenant of the property.

(3.) Learned counsel for the petitioners submits that the petitioner has not committed any offence and from perusal of the FIR itself, no offence is made out against the petitioners. It is argued that petitioner no.1 Purushottam Das is aged about 90 years and father of the petitioners expired about 50 years back and the sisters also did not raise any objection to the gift deed. Now after so many years, this FIR has been lodged against the petitioners. All these aspects show that a false case has been registered against the petitioners, therefore, the FIR is liable to be quashed.