MUNNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition u/S. 482, Cr. P.C. seeks cancellation of the First Information Report No. 43 of 1995 registered at Police Station Jalupura, Jaipur on February 3, 1995 for offences u/Ss. 406, 420, IPC against (1) Fazlur Rehman, (2) Munna, the petitioner, and (3) Nazir Khan A.S.I. The facts and circumstances, leading to the registration of the said FIR may briefly be stated as under :-

(2.) On February 3, 1995 one Smt. Shamim Khan, the informant, presented a written complaint at P.S. Jalupura alleging therein that she had been residing as a tenant at a rent of Rs. 500/- p.m. in Plot No. 6 admeasuring 126.7759 yards situate at Jalupura Mohalla for the last 10-12 years, that Fazlur Rehman, the owner-landlord verbally agreed to sell the said plot to her and promised to execute a registered sale deed in her favour and also received some amount by way of advance money 2 years before his going to Haj pilgrimage some times back and though he continued to assure her of the transfer of the Plot and used to receive the rent also during the meanwhile yet at the same time he and his relative continued to harass her and tried to assault her and throw her belongings out of the house in question in respect of which Crime No. 181/94 u/Ss. 147, 452, 504, IPC was registered against them at P. S. Jalupura on 28-6-94, It was further alleged that Fazlur Rehman and his men again repeated the same types of acts and Crime No. 266/94 u/S. 397, IPC was registered against them at the same Police Station. Regarding the occurrence alleged to have taken place in respect of Crime No. 43/95 u/S. 406, 420, IPC, which is presently under our consideration, the informant alleged that on November 19, 1994 the three persons named in the FIR including the present petitioner, through their mediator, Bandoo Khan by name, dishonestly and fraudulently obtained Rs. 10,000/- from her towards alleged outstanding dues on account of rent due upto October 1994 though they had regularly received such rent from January 1991 onward. The allegation made against Nazir Khan A.S.I. were that he had been all along helping the other two persons, Fazlur Rehman and Munna Khan.

(3.) Mr. Mohd. Amin, the learned counsel for the petitioner vehemently urged that the contents of the FIR No. 43/95 disclose no offence at all and, therefore, it was required to be cancelled as the same amounted to gross abuse of the process of law. In this behalf the learned counsel relied upon the cases reported in (1992) 1 Crimes 426 (Raj) and (1992) 1Crimes 622, (1996) 2 Crimes 465 (Patna) and (1996) 3 Crimes 66 (Kant). The learned counsel further submitted that the earlier cases (FIR No. 181/94 and 266/94) terminated in submission of Final Reports and that all the transactions relating to any amount paid by the informant to Fazlur Rehman and/or the petitioner through Bundoo Khan, had taken place under the direct instructions and supervisions of the top officials of the Police Deptt. and that Nazir Khan A.S.I. had been dragged into this litigation out of malice simply because he happened to be a distant relation of the petitioner and posted at Jaipur and waiting for his promotion. In the end Mr. Amin submitted that as is evident from the facts stated in the FIR itself the dispute between the parties was purely of civil nature and for the determination of their rights and liabilities the parties have already approached the civil Court though Civil Suit No. 46 of 1995 filed in the Court of Distt. Judge, Jaipur City, Jaipur.