SATYANARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioners against the order dtd. 4/8/2022 passed by learned Additional Sessions Judge No.3, Bhilwara, CampMandalgarh, District Bhilwara in Criminal Revision Petition No.36/2018 whereby the learned Judge dismissed the revision petition and affirmed the order dtd. 2/1/2018, passed by learned Judicial Magistrate (First Class), Bijoliya, District Bhilwara by which the learned Magistrate framed charges for the offences under Ss. 452, 379, 427 of IPC against the petitioners. Learned counsel for the petitioners submits that as per the documents available on record, the petitioners were having possession over the land and also a Patta was issued in their favour. In these circumstances, offences under Sec. 452 IPC does not fulfill in the present case, but both the Courts below have erred in law in framing the charge for the offence under Sec. 452 of IPC against the petitioners without considering the documentary evidences in right manner. Counsel further submits that similarly offence under Sec. 379 of IPC is also not made out against the petitioners, therefore, the charge for offence under Sec. 379 of IPC is also liable to be set aside. It is further, prayed that the orders impugned may be set aside and this petition may kindly be allowed.

(2.) Per contra, learned Public Prosecutor supported the impugned orders and submitted that both the Courts below have discussed each and every aspect of the matter and have rightly framed the charges which does not called for any interference. Heard learned counsel for the parties and perused the impugned orders as well as carefully gone through the material available on record.

(3.) From the material available on record, it is evident that initially the police gave negative final report in this matter. Thereafter complainant filed a protest petition before the trial Court upon which statements under Sec. 200 Cr.P.C were recorded by the trial Court. Thereafter, learned trial Court vide order dtd. 14/7/2017 allowed the protest petition of the complainant and took cognizance under Ss. 452, 379, 427 of IPC against the petitioners. Subsequently, the learned trial Court framed the charges against the petitioners for aforesaid Sec. . The petitioners challenging the same, filed a criminal revision before learned Additional Sessions Judge No.3 Bhilwara, Camp- Mandalgarh, District Bhilwara and the same was dismissed by the revisional Court.