BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioners for quashing of FIR No.0197/2022 registered at Police Station Bichhwal, District Bikaner for offence under Ss. 420, 406, 467, 468, 471, 120B IPC.

(2.) The facts in brief are that the complainant-respondent No.2 being power of attorney holder of Bhoma Ram submitted a complaint before the learned Special Addl. Chief Judicial Magistrate (PCPNDT Cases), Bikaner alleging therein that Smt. Asi Devi D/o Late Jeevan Ram and mother of Bhoma Ram was having 1/5th share in joint agriculture land situated in Village Bamblu being Khasra No.161 measuring 13.50000 hectares, Khasra No.303 measuring 11.3300 hectares, Khasra No.306 measuring 8.2000 hectares, Khasra No.333 measuring 1.7000 hectares and Khasra No.425 measuring 9.5700 hectares, total 44.3000 hectares. Smt. Asi Devi died on 12/5/1995 and after her death, Dhanna Ram and Bhoma Ram were her descendants. It was further alleged in the FIR that the present petitioners while hatching the conspiracy got prepared a forged succession certificate on 10/5/1995 from Sarpanch, Gram Panchayat Bapeu showing themselves descendants of Asi Devi and with the collusion of Patwari, Tehsildar and Girdavar, get recorded 1/5th share of Asi Devi in their names in revenue record and subsequently on 27/4/2022, they sold 1/10th of the agriculture land to one Vimla Devi through a registered sale-deed. The complainant alleged that by the aforesaid act, the petitioners had committed forgery with Bhoma Ram.

(3.) The learned trial court sent the complaint under Sec. 156(3) Cr.P.C. to the Police Station Bichhwal, District Bikaner for investigation. Upon which, FIR No.0197/2022 was registered for offence under Ss. 420, 406, 467, 468, 471, 120B IPC.