MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Sec. 482 Crimial P.C., 1973 for quashing the entire criminal proceedings initiated in pursuant to FIR (C.R. Case) No. 58/2017 dated 20.04.2017 registered at Police Station Sayla, District Jalore for the offence under Sec. 295/34 of IPC.

(2.) This Court has taken note of the order passed by the Civil Court upon an application of respondent No. 2 on 11.01.2017. The order categorically observes that the application filed by the respondent No. 2 Neta Ram regarding the plot in question was not maintainable after examining the patta brought on record by respondent No. 2 Neta Ram before the Civil Court dated 26.03.1990. Another application was moved by the respondent No. 2 which was also dismissed on 03.05.2017 as the learned civil court has refused to make any interference in the execution proceedings in favour of the respondent No. 2.

(3.) It is an admitted position that the petitioner is the owner as per the civil court decree and no right on the said property accrued to anyone else.