LAWS(RAJ)-2022-9-63

BHOMRAJ GURJAR Vs. STATE OF RAJASTHAN

Decided On September 02, 2022
Bhomraj Gurjar Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The captioned criminal misc. petitions and writ petition under Article 226 of the Constitution of India question two FIRs, being FIR No.571/2019 registered on the complaint of Shankar Lal and FIR No.576/2019 that was registered on the complaint of Mahadev Gurjar at Police Station Pratapnagar, District Bhilwara.

(2.) The genesis of the dispute between rival parties is plot Nos.85 and 86 of Gram Malan, Tehsil and District Bhilwara, on which both the persons are claiming ownership through their respective chain of documents derived from one 'Shivnarayan'.

(3.) The criminal misc. petition No.3107/2022 has been filed by Bhomraj Gurjar, who stood as witness in the contentious agreement to sale and the other petition being criminal misc. petition No.5636/2019 has been filed by Mahadev Gurjar. Both these petitions have challenged the FIR No.571/2019 whereas, Mahadev Gurjar has also filed a petition under Article 226 of the Constitution of India seeking fair investigation in the FIR No.576/2019 which he had lodged seeking prosecution of Shankar Lal.