KAILASH JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is an accused in FIR No. 802/2022 registered with Sanganer Sadar Police Station, District Jaipur City (South) for offences under Ss. 420, 406, 467, 468 and 471 IPC.

(2.) The petitioner has sought for quashment of the aforesaid FIR on the ground that bare perusal of the FIR would make it clear that the complainant respondent No.2 has no leg to stand in a civil proceeding, hence, he has lodged the impugned FIR just to give it a colour of criminal proceeding.

(3.) According to the petitioner, he had purchased the FIR referred plots through a registered sale deed dtd. 8/10/2020 from the rightful owner, a copy of the sale deed is at Annexure-2. Thereafter, to meet his financial crunches, the petitioner took loan of Rs.9,00,000.00 from HDFC Bank by deposit of title deed as surety and later on refunded the loan amount and got clearance certificate from the Bank vide certificate dtd. 21/2/2022 at Annexure-3 as well as sale deed aforesaid returned. Thereafter, to meet his financial needs due to illness etc., the petitioner sold the said property to one Vaidhnath Choudhary and Kishan Lal through a registered sale deed dtd. 3/3/2022, a copy at Annexure-4.