DINESH MEENA Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) THE accused -petitioner, Dinesh Meena has preferred this petition for quashing of FIR No. 398/2012, registered at Police Station Pratap Nagar, Jaipur, for the offences under Sections 453 and 380 IPC. Brief facts of the case are that Mr. Jagmohan Meena, the complainant -respondent No. 2, had lodged a report before the Police Station Pratap Nagar, Jaipur on 20.07.2012, wherein he had claimed that he is the owner of Plot No. 21, Jai Ambey Colony, Teelawala Jagatpura, Jaipur. According to him, about five years ago he had constructed a single room and a boundary wall with a gate. He had also kept certain goods inside the room. Occasionally, he went to the plot to look after its safety. On 20.07.2012, when he reached the plot along with his friend, Babulal, he saw that the main gate of the plot was open and five to seven persons were standing near the main gate. When he went inside the plot, he realised that the lock of the room was broken, and the goods were missing. When he asked the persons standing at the gate as to who they were, one of them told him that he is Dinesh Meena (the petitioner before this Court). He also informed the complainant that it is he who had broken the lock, and taken away and sold the goods. Dinesh Meena also told him that the complainant can do whatever he likes, but he is not going to vacate the plot. It is on the basis of this report that a formal FIR, as mentioned above, for the offences aforementioned, was chalked out. Hence, this petition before this Court.

(2.) THE learned counsel for the petitioner has vehemently raised the following contentions before this Court: firstly, the case is basically of a civil nature as the Plot No. 21 has been sold by the Khatedar to the society and the society has sold it to two different persons. Already there is a civil suit between the buyer of the plot and the Khatedar, which is pending. The complainant claims that he has bought the plot and has been threatening the petitioner to vacate the said plot. Therefore, the complainant is abusing the process of law in order to compel the petitioner to vacate the plot.

(3.) THIRDLY , the FIR has been lodged with an ulterior motive in order to compel the petitioner to vacate the plot.