TIPU DEVI Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) This misc. petition under Section 482 Cr. P.C. has been filed by Smt. Tipu Devi and Kesara Ram for quashing of the FIR No. 10/2007 registered at Police Station Sindhari, District Barmer for offence under Section 447 and 427 IPC.

(2.) According to the facts inter alia narrated in the misc. petition, the land bearing Khasra No. 57/1 is "Gairmumkin Abadi" Land and vests in the Gram Panchayat Kamthal. The petitioner No. 1 is presently Sarpanch of Gram Panchayat Kamthal. A copy of Jamabandi for Samwat 2059 to 2062 in respect of the said land has been placed on record. It is also submitted that District Education Officer-cum-Ex Officio Project Coordinator, Serv Shiksha Abhiyan, Barmer vide notification dated 06.07.2006 issued an administrative and financial sanction for construction of additional classroom for various schools including the Government Primary School, Raneri. In the order dated 06.07.2006, the Government Primary School Raneri appears at serial No. 91. In the said notification, it has specifically been mentioned that the construction shall be done only on the land which is in the name of school.

(3.) It is further submitted that before raising construction, 'no objection' was not obtained from Gram Panchayat and construction was got started at the instance of respondent No. 2. .