MOHAMMED SALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing F.I.R. No. 121/2013 dated 17.9.2013 qua the petitioners, lodged at Police Station Banera, District Bhilwara for the offence punishable under Sections 420,166 and 120-B I.P.C.

(2.) Brief facts of the case are that the respondent No. 2 lodged a complaint before the Judicial Magistrate, Bhilwara alleging that the agricultural land measuring about 4 big has and 8 biswas situated in Khasra No. 197 in village Lotiyas, Tehsil Banera was recorded in the name of his uncle, who died issue-less. After his death, half of portion of the land was recorded in the name of his father Heera and uncle Raghunath vide Mutation No. 520 having half share of each in the land. On the said half share of the land, his father was in possession up to his death on 8.3.2013 and after death of his father, his family members are in possession of the land. Recently when they obtained the copies of the revenue record belonging to the said agricultural land, they found that name of their father was removed from the revenue record and name of Babu, Chandu and Banshi sons of Prabhu Daroga and names of Rekha and Puja daughters of Prabhu Daroga, Smt. Chhaya devi wife of Prabhu Daroga were recorded in pursuance of some proceedings initiated in the Court of Sub-Divisional Officer Banera. In the said complaint, it is alleged that the then Sarpanch, Smt. Nani Devi Gurjar and the then patwari, Shri Ram Prasad Jat in collusion with the above named persons, prepared a forged certificate and committed offence of cheating. The said complaint filed by the respondent No. 2 was forwarded to the police and the police registered an F.I.R. No. 121/2013 on 17.9.2013 against Nani Devi Gurjar, Ram Prasad Jat, Babu S/o Prabhu Daroga, Chandu S/o Prabhu Daroga, Banshi S/o Prabhu Daroga, Rekha D/o Prabhu Daroga, Puja D/o Prabhu Daroga and Smt. Chhoga Devi W/o Prabhu Daroga for the offences punishable under Sections 420, 166 and 120-B I.P.C. During the course of investigation, the police made the petitioners accused in the impugned F.I.R. and being aggrieved with this, the petitioners have filed this criminal misc. petition with a prayer for quashing the impugned F.I.R. qua the petitioners on the ground that there is no involvement of the petitioners in the commission of any offence.

(3.) On 26.2.2014, this Court has directed the Investigating Officer to file the result of the investigation in connection with the impugned F.I.R. till 27.3.2014 and the learned Public Prosecutor was directed to produce the latest factual report from the Investigating Officer on the next date.