MUMTAJ KHAN MUNSI Vs. MOHD ASLAM

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners by way of this misc. petition are seeking quashing of the F.l.R. No. 361/2005 of the Police Station, Nagaur for the offences under Sections 143,447, 336 and 323 l.P.C.

(3.) PRESSING for quashing of the impugned F.I.R., learned counsel for the petitioners has submitted that the respondent No.2 Sabir Hussain in the brother of the complainant Mohd. Alsam and is a clerk posted in the office of Superintendent of Police, Nagaur for the last 15 years and the whole action in this case was aided and abetted by the police at Sabir Hussain's instance wherein the police officers of the police station, Nagaur convicted with the complainant party in an attempt to dispossess the petitioners from their lawful owned property. Certain documents have been produced along with this petition to canvass the fact that the police officers of police station, Nagaur accompanied the complainant party in order to dispossess the petitioners from the property and as such, the whole of the F.I.R. registered against the petitioners was nothing but a tool of oppression intended to abuse the powers of police for taking illegal action of dispossession of the petitioners. The petitioners have arrayed the S.P., Dy. S.P., S.H.O., Police Station, Nagaur, by name as respondents No.3 to 5. Reliance in support of the arguments have been placed on the judgment of the Hon'ble Supreme Court rendered in the case of State of Haryana vs. Bhajan Lal reported in AIR 1992 SC 604 and it has been submitted that if the criminal proceedings are actuated with malice and where the allegations made in the F.I.R. are absurd, then the High Court can exercise its powers to quash the investigation as well.