SHARDA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties finally at the admission stage itself.

(2.) Devendra Kumar lodged a criminal complaint in the court of AddI. Chief-Judicial Magistrate, Hanumangarh on 07. 12.1993 with the averments that the petitioners father Ramlal had a brother Jaymal Ram. Sharda Devi is daughter of aforesaid Jaymal Ram. Jaymal Ram was in indigent circumstances and hence Ramlal got Sharda Devi educated at various institutions. Because of indigence of Jaymal Ram, Ramlal got Sharda Devi married. Ramlal died on 18.11.1991. Sharda Devi and her other close relatives taking advantage of the fact that Sharda Devi was got educated by Ramlal and her marriage was also got performed by Ramlal laid a claim that Sharda Devi was daughter of Ramlal and on this basis got a fraudulent mutation entered with a view to deprive the real heirs of Ramlal from his agricultural land. The details of the fraudulent act have been detailed in the complaint.

(3.) The learned Magistrate instead of taking cognizance upon the complaint sent the same to S.H.O., Hanumangarh Town for investigating the offence under section 156(3) of the Criminal Procedure Code. The S.H.O. Hanumangarh Town registered F.I.R. No. 543193 for offences under sections 420, 467,468,471 and 120-B, I.P.C. and commenced investigation. Aggrieved, Sharda Devi has come to this Court with a prayer that the, F.I.R. registered against her and the other co accused persons should be quashed and no further investigation may be allow in the case. According to Sharda Devi she has been adopted by Ramlal as a daughter and it was as a consequence of this adoption that Sharda Devi was got educated by Ramlal and her marriage was also got performed by Ramlal.