MANGILAL CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing present criminal miscellaneous petition, the petitioners have prayed that FIR No.469/2021 registered at Police Station Naya Shahar, Bikaner for offences under Sec. 457 and 380 IPC may be quashed and set aside and the proceeding emanated thereto may also be quashed as the same is nothing but an abuse of the process of law.

(2.) From the perusal of the FIR, this Court finds that complainant Tajaram in the FIR dtd. 3/12/2021, alleged that his son is doing business in Mumbai and therefore on 29/10/2021, he along with his wife went to Mumbai from Bikaner to celebrate Deepawali with the family of his son. On returning from Mumbai on 24/11/2021, the complainant-respondent No.2 found that the locks of the main door and rooms of his house situated in Pabubari, Naya Shahar, Bikaner were broken and cash to the tune of Rs.1,65,000.00 along with various gold and silver articles (description whereof has been given in the FIR) had been stolen. The complainant-respondent No.2 in the FIR alleged that after inquiring from persons residing in the neighbourhood and relatives, he found that present petitioners i.e. Mangilal, Shivlal, Sushil, Mona and wife of Sushil- Koushaliya had broken the locks in the night of 10/11/2021 and had stolen the cash, gold and silver articles.

(3.) Learned counsel for the petitioners submitted that the petitioners have been falsely roped in a criminal case. Learned counsel submitted that the FIR has been lodged after a delay of about 24 days from the date of alleged incident. Learned counsel further submitted that the property/house from which cash, gold and silver articles were stolen, had been acquired by late father of petitioner No.1 way back in the year 1956. It was submitted that the property had been inherited by the petitioner No.1 and his wife, by way of registered will dtd. 7/4/1980 executed by petitioner No.1's late father Shri Kalu Ram.