AMAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal miscellaneous petitions have been preferred by the petitioners praying for quashing entire proceeding arising out of FIR No.92/2021 registered at Police Station Sadar Pali, District Pali for offences under 420, 467, 468, 471 and 120B IPC.

(2.) As per prosecution story, Shri Thana Ram Bhaat who had khatedari rights over Khasra No.520/10, admeasuring 70 bighas and 14 biswas, situated in Gram Bhangesar, passed away in the year 2001. On 4/10/2001, Government of Rajasthan launched campaign named 'Prashashan Gaon ke Sang', in which the names of heirs of Shri Thana Ram Bhaat i.e. five sons namely, Panchhi Ram, Bhanwar Lal, Vena Ram, Joga Ram, Oma Ram and wife of Shri Thana Ram Bhat, Smt. Raji Devi, were to be entered in the mutation but instead family members of Shri Thana Ram Bhaat, Ranka Ram @ Ranjit son of Rana Ram, Darbara Ram son of Jetha Ram (petitioner Nos.3 and 2 respectively in CRLMP No.6497/2021), allegedly claimed to be fake heirs of Shri Thana Ram Bhaat, through Babu Lal (petitioner in CRLMP No.5914/2021) told Halka Patwari - Amar Lal (petitioner in CRLMP No.3108/2022) about the same and got their names identified and registered as heirs of Shri Thana Ram Bhaat in the mutation and thereby reaped the benefits of disputed land.

(3.) Petitioners - Ranka Ram and Darbara Ram (in CRLMP No.6497/2021) thereafter, on 5/3/2021, created power of attorney in relation to their share (two-eight) of the disputed land, admeasuring 17 bighas and 13 biswas, in favour of their cousin-petitioner - Chunni Lal son of Babu Lal (petitioner No.1 in CRLMP No.6497/2021). Petitioner - Chunni Lal, on the basis of above mentioned power of attorney, got sale agreement created in favour of his brother Govind son of Babu Lal (petitioner in CRLMP No.2268/2022). All the accused-petitioner belonging to the same family being well aware about the forged documents (forged mutation, power of attorney and sale agreement) intentionally created and used them, in order to cheat and deprive the complainant of his right to the disputed land.