GAURAV AUDICHYA Vs. DALPAT SINGH

JUDGEMENT

(1.) THIS criminal revision petition under section 397 r/w 401 Cr. P. C. has been filed by the petitioner- complainant against the order dated 8. 2. 2001 passed by the learned Additional Chief Judicial Magistrate No. 1, Jodhpur in Criminal Case No. 165/99 by which he rejected the protest petition filed by the petitioner-complainant for taking cognizance against the respondents for the offences under Sections 420, 468 and 120b IPC.

(2.) THE facts giving rise to this criminal revision petition are as follows:- THE petitioner-complainant filed a complaint in the Court of Additional Chief Judicial Magistrate No. 1, Jodhpur on 11. 6. 1999 against the respondents for the offence under sections 420, 468 and 120b IPC and the same was sent to Police Station Shastri Nagar, Jodhpur under Section 156 (3) Cr. P. C. for investigation, where FIR No. 165/99 was registered. After usual investigation, the police submitted FR No. 96/99 in that FIR holding inter-alia:- 1. That no interpolation is made in the record. 2. That Civil Court has passed the temporary injunction in favour of the accused respondents. 3. That the matter has been compounded by the UIT.

(3.) APART from this, when the question of possession has been decided by the competent civil court as it has happened in the present case, parallel criminal proceedings should not be allowed to continue. From this point of view also, the order passed by the police in submitting the FR as well as the impugned order passed by the learned Addl. Chief Judicial Magistrate No. 1, Jodhpur in accepting the FR submitted by the police and rejecting the protest petition of the petitioner-complainant do not suffer from any infirmity.