ASHOK PARNAMI Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) BY this petition, a challenge is made to the order dated 9th January, 2009 passed by the Additional Chief Judicial Magistrate No.5, Jaipur City, Jaipur and the FIR No.25/2009, registered with Police Station -Gandhi Nagar, Jaipur.

(2.) A complaint was filed by the non -petitioner -Shri Krishna Kukkad on 09.11.2006. The court passed an order under Section 156(3) Cr.P.C. with the direction to send the report on or before 11.12.2006. The Police Station, Gandhi Nagar, Jaipur did not register the FIR but made inquiry by taking "rapat" in the "Rojnamcha". It then filed a report in the court on 18.11.2006 disclosing that no offence is made out. The complainant -non -petitioner filed an application on 26.03.2007 stating that mandatory provision of Section 154 Cr.P.C. has not been adhered to and the order of the court was violated in a deliberate manner by not registering FIR. The court below considered the application and called the explanation of the SHO, Police Station, Gandhi Nagar, Jaipur. The order aforesaid was challenged by maintaining revision petition. The order was set aside with remand of the case for fresh order. The court then passed an order for registration of FIR in pursuance to the order dated 10.11.2006 and make investigation of the case. The FIR was then registered on 12.01.2009. It has been challenged by this petition.

(3.) LEARNED counsel for petitioner Shri Rajesh Kapoor submits that a complaint was filed by the non -petitioner based on news published in the newspaper and not based on his own knowledge. The allegation in the FIR is for allotment of land under political influence. For the said purpose, a forged application was filed in the name of Deendayal Smriti Trust. The trust was not registered by the time application was submitted and allotment order was issued. The registration of the trust was subsequent to the allotment, thus valuable land was got allotted by fraudulent means.