BHOM SINGH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) By way of instant petition under Sec. 482 Cr.PC. the petitioner seeks to quash the FIR No. 164/2003, police station-Chapar, Distt. Churu for offence under Sections 380, 457, 311 IPC.

(2.) Briefly stated the facts of the case are that the second respondent Shankar Lal submitted a complaint in the court of Addl. Chief Judicial Magistrate, Sujangarh stating inter alia that he alongwith his brother Vijay Kumar used to carry on business of selling silver and gold ornaments in a rented shop in Chapar. The shop was taken on rent from one Pratapmal which was later on sold to the accused Bhom Singh (petitioner herein) by the decedents of Pratapmal. After death of his brother Vijay Kumar his wife and son shifted to Calcutta. He was also not attending the shop on account of illness and the shop remained closed for long. In the intervening night of 3rd and 4th Jan., 2003 the accused Bhom Singh broke open the lock and entered in the shop. With the help of labourers he took out the articles from the shop. The said complaint was sent for investigation by the learned Magistrate under the provisions of Sec. 156(3) Cr.PC. The police registered a case under Sections 427, 380 and 448 IPC. The police found it to be a false and fabricated case, thus, forwarded a final report. A request was also made for prosecution of the complainant Shankar Lal under Sec. 182/211 IPC. The said final report was accepted by the learned Magistrate.

(3.) Thereafter, another complaint was filed in the court of Magistrate, II class, Sujangarh on 2.12.2003. The said complaint was sent for investigation under Sec. 156(3) Cr.PC. The police has registered the case as FIR 164/2003. In the complaint itself it is averred that on the same facts the case was registered earlier in which police has forwarded the final report. It is stated that the second FIR has been lodged for the reason that the investigation in the earlier case was not fair.