MAMTA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal misc. petitions under Sec. 528 of BNSS have been filed by the petitioners for quashing the FIR No.91/2024, registered at Police Station Shahpura (Jaipur Rural) District Jaipur Rural for the offences punishable under Ss. 427, 447, 323, 341 and 504 of IPC.

(2.) Learned Public Prosecutor states that during investigation the offences punishable under Sec. 3(1)(f)(g) & 3(2)(Va) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 have also been added in view of the fact that the complainant party belongs to scheduled tribe and the allegations against the petitioners who do not belong to the said category, is of entering into the agricultural land of the complainant- party.

(3.) Learned counsel for the petitioners submits that the impugned FIR has been lodged with the false and fabricated facts. Counsel further submits that the revenue proceedings are pending in between the parties before the Revenue Court as regards the dispute over the land in question and in such circumstances, the present FIR is not sustainable and same deserves to be quashed. Counsel also submits that the civil litigations are pending before the Revenue Court as regards the partition of the agricultural land in question.