RAJ BAHADUR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Public Prosecutor.

(2.) THIS petition under Section 482 Cr.P.C. is directed against the order dated 25th September, 1996 passed by the learned Civil Judge (Jr. Div.) and Judicial Magistrate, Degana in C.R. No. 140/1996, Police Station, Thanwala, by which order the learned Magistrate took cognizance of the offences on the basis of the report submitted by the police under Sub -section (2) of Section 173 Cr.P.C.

(3.) ONE Shivraj filed a first information report at Police Station Thanwala alleging therein that agriculture fields bearing Khasra No. 323 (measuring 5 bighas), No. 322 (measuring 3.5. bighas and 4 biswa), No. 305 (measuring 15 bighas and 12 biswa), No. 309 (measuring 4 bighas and one biswa), and No. 314/1 (measuring 20.5 bighas and one biswa), and No. 329 (measuring 2.5 bighas) came to his father's possession in a partition, which took place between his father and uncle. The deed of partition was executed on stamp -paper and the same was signed by Shri Shriram. According to allegations made in the first information report after the partition of the land. Punaram developed the dishonest intention and he persuaded complainant's grand father to execute a sale -deed in favour of Rajbahadur Singh and others. Notwithstanding the execution of the sale -deed, the agricultural fields mentioned above continue to remain in possession of the complainant. It was further alleged in the first information report on 27th November, 1995 that Rajbahadur Singh, Punaram accompanied by 30 -40 other persons entered the above mentioned fields with a view to take unlawful possession thereof by use of force and wanted to dispossess the complainant. It was also mentioned in the first information report that a case was pending in the Court of Sub -divisional Officer against the mutation entries made in the revenue record.