PRITHVIRAJ PATWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As per the directions of this Court, status report has been received from the trial court, wherein, it is mentioned that the trial against the petitioner is going on and three prosecution witnesses have been summoned for giving their evidence on 6.3.2018.

(2.) This criminal misc. petition under Section 482 Cr.P.C has been filed on behalf of the petitioner being aggrieved with the order dated 30.6.2016 whereby, the criminal revision petition filed by the petitioner has been dismissed by the Special Judge, Rent Appellate Tribunal, Jodhpur Metropolitan (for short 'the revisional court'). In the said criminal revision petition, the petitioner has challenged the order dated 8.11.2010 passed by the Addl. Judicial Magistrate (Junior Division) No. 3, Jodhpur (for short 'the trial court') whereby, the trial court has ordered for framing charge against him for the offence punishable under Section 420 IPC.

(3.) Learned counsel for the petitioner has argued that as a matter of fact, the FIR has been filed after a delay of about 16 years. It is also argued that as a matter of fact, the land in question was transferred in the name of wife of the petitioner through a registered sale deed, which was executed by the power of attorney holder of the complainant. It is contended that the petitioner has been falsely implicated in this case. It is further argued that the petitioner is a Patwari in the revenue department, however, before launching prosecution against him, no previous sanction, as required under the law was obtained.