HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing present criminal misc. petition under Sec. 482 Cr.P.C. the petitioner has prayed for quashing of the FIR No. 134/2019 lodged at PS Raniwara, District Jalore for the offences under Ss. 447, 504, 34 IPC and Ss. 3(1)(f), 3(1)(g) and 3(1)(r) of SC/ST (Prevention of Atrocities) Act, 1989.

(2.) The allegation against the petitioners is that they have been illegally cultivating and harvesting crops on the disputed land belonging to complainant- Aasu Ram (respondent No. 2), who belongs to SC/ST community. On 26/6/2009, when respondent No. 2 questioned the petitioners as to how they have cultivated on his khatedari land, the petitioners assaulted him with kicks and fists blows and used casteist slurs/abuses against him.

(3.) Learned counsel for the petitioners submitted that the petitioners had bonafidely purchased half share of the disputed land admeasuring 2.08 hectare, 2.71 hectare total 4.79 hectare in Khasra Nos. 3 and 16 from one Vali Bhai who had purchased the land from Jalore Co-operative and Land Development Bank, Jalore, Branch- Raniwada on 14/6/1995 in an auction. Lerned counsel submitted that original khatedar of the land, Sawla son of Dola Bhil had mortgaged the land with Jalore Co- operative and Land Development Bank and defaulted on the loan, whereupon, the land was purchased in auction by Vali Bhai and mutation was also entered in the name of Vali Bhai being mutation No. 86. Learned counsel submitted that the petitioner No. 1 is a bonafide purchaser who is in possession of the land in question which was purchased by him from Vali Bhai. Learned counsel submitted the present FIR has been lodged by the complainant who is son of Sawla Ji Bhil (original khatedar) on the basis of a false and concocted story. Learned counsel thus prayed that the FIR lodged against the petitioners may be quashed and set aside.