MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 0012/2023 registered at Police Station Taranagar, District Churu for offence under Ss. 447, 384, 34 IPC.

(2.) The facts in brief are that a complaint filed by complainants-respondents was received through post at the Office of Superintendent of Police, Churu along with investigation report of Additional S.P., Churu. In the said report, the Additional S.P., Churu drew his conclusion that the plot in question belongs to complainant Kailash Narayan Kandoi and this fact is fortified from the statements of Girish Agarwal, Kanhaiya Lal and Om Prakash. In the northern side of the plot in dispute, house of Jitendra Kumar Brahmin is situated and in the eastern side, plot measuring 181.25 sq. yards. of Late Vijay Kumar is situated. The petitioner showing himself adopted son of Late Vijay Kumar, is having possession over the plot of Late Vijay Kumar. On the basis of registered sale- deed, the petitioner is bent upon to make encroachment over the plot, purchased by father of complainant Kailash Narayan Kandoi, which is adjacent to the plot of the petitioner in the western side. It has been alleged that on 4/12/2021 the petitioner along with Jaiveer Jat, Anil Kumar Jat and Dara Singh Jat unauthorizedly entered into the plot of complainant and made certain encroachments thereon.

(3.) On the basis of the said report, FIR No. 0012/2023 was registered for offence under Ss. 447, 384, 34 IPC against the petitioner and other accused persons.