RAMNARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Order will decide three Criminal Miscellaneous Petitions Nos. 190 of 1987, 5 of 1987 and 145 of 1986 filed before this Court under S.482, Cr. P.C. by a common order as the same question of law comes for consideration in all these three petitions.

(2.) Facts leading to the filing of Criminal Miscellaneous Petition No. 190 of 1987 are that on June 6, 1981 Roop Singh son of Mukhtiar Singh had filed a criminal complaint in the Court of Judicial Magistrate No. 2, Hanumangarh against Kulwant Singh, Ram Narain and Harmit Singh complaining of the commission of offences under Ss.420, 467, 468, 471, 166, 167 and 120B, I.P.C. It was alleged by Roop Singh in his complaint that he was Khatedar tenant of agricultural land in 'chak' No. 27 PTP, Sq. No. 24 and comprised in 'killa' Nos. 1 to 19 and in Sq. No. 24, Killas Nos. 14 and 15, measuring in all 20 Bighas 10 Biswas (nahari), and he was in its peaceful possession. It was mentioned that Kulwantsingh and his deceased brother Raghuveersingh held agricultural land in their Khatedari in 'chak' No. 28 AMP measuring 3 Bighas and in 'chak' No. 25 PTP measuring 16 Bighas, in all 19 Bighas, over which Kulwantsingh and his deceased brother Raghuveersingh were in possession. It was alleged that Kulwantsingh and his deceased brother used to insist upon the complainant to exchange his agricultural land with their land to which the former did not agree. Due to this refusal, Kulwantsingh and his deceased brother Raghuveersingh in collusion with Ramnarain and Harmitsingh prepared a forged exchange deed and got affixed forged thumb impression of the complainant on that deed and presented the same before Deputy Superintendent. Sadul Sahar for the purpose of getting mutation effected in their favour. Roopsingh complainant denied that he had executed any exchange deed and asserted that Kulwantsingh, Ramnarain and Harmitsingh committed various offences under the above mentioned Sections of the Indian Penal Code. This criminal complaint was forwarded by the Judicial Magistrate No. 2. Hanumangaih, to the Station House Officer, Police Station, Sadulsahar under S.156(3), Cr. P.C. for investigation. It is asserted that the police after investigation filed a charge-sheet against the petitioner Ramnarain and Kulwancsingh in the Court of Judicial Magistrate No. 2, Hanumangarh on Oct. 30, 1982 under Ss.420, 467, 468, 471 and 109, I.P.C. The Magistrate took cognizance for the said offences, issued process against the petitioner and Kulwantsingh and proceeded further to frame charges. Later on, this criminal case was transferred to the Court of Judicial Magistrate, Sadulsahar. It is mentioned that on June 8, 1981, Roopsingh filed a Revenue Suit No. 81 of 1981 in the Court of the Assistant Collector, Hanumangarh challenging the above exchange deed. In that suit, Roopsingh filed a certified copy of the exchange deed. A certified copy of the Revenue Suit No. 89 of 81 has been filed by the petitioner. In that suit Roopsingh claimed for a declaration of his rights in respect of 19 Bighas 10 Biswas agricultural land detailed above and also claimed for a declaration that the alleged exchange deed purporting to bear the date August 20, 1974 was void and ineffective as against him.

(3.) The second S.B. Criminal Miscellaneous Petition No. 5 of 1987 has been filed by Hetram, Ramchander, Sukhdas and Laduram as against the State of Rajasthan, Gangaram and Hiraram. It has been alleged by them that on May 2, 1986 Gangaram and Hiraram non-petitioners Nos. 2 and 3 filed a criminal complaint against the petitioners in the Court of Additional Judicial Magistrate, Nohar stating that the petitioner No. 4 Laduram got prepared a forged will purporting to have been executed on July 7, 1985 by Tulcharam in favour of one Omprakash son of Laduram petitioner No. 4 even after the death of Tulcharam. Petitioner No. 3 Sukhdas was the scribe of that forged will and the petitioners Nos. 1 and 2 Hetram and Ramchandra were its attesting witnesses. This will was purported to be executed with respect to a part of the land out of the land comprised in khasra No. 346 situated in village Thirana. On the basis of this forged will, it was alleged, the petitioner got mutation effected in favour of Omprakash son of Laduram petitioner No. 4 from Gram Panchayat, Nimla. This Criminal complaint was forwarded by the Additional Chief Judicial Magistrate, Nohar to the Station House Officer Police Station, Nohar under S.156(3) for investigation. The Nohar Police Station forwarded the papers to Pallu Police Station where FIR Case No. 73 of 1986 was registered on December 13, 1986 against the petitioners for the offences under Ss.467, and 120B, I.P.C. It is alleged by the petitioners that the Police is now bent upon arresting them during the course of investigation. The petitioners have approached this Court for quashing further investigation by the Police on the complaint forwarded to it by the Chief Judicial Magistrate, Nohar under S.156(3). Cr. P.C. Facts leading to the filing of the third Criminal Miscellaneous Petition No. 145 of 1986 are that the petitioner Mangilal was granted a patta of land measuring 30' x 45' out of khasra No. 1223 situated in village Ria by the Sarpanch Tulchharam on April 30, 1977. The petitioner was in possession of this plot since then. On April 9, 1984 Mangilal petitioner filed a suit along with an application for temporary injunction under O.39. Rr. 1 and 2, C.P.C. before the Munsif. Piparcity alleging that the disputed plot had been allotted to him but the present Sarpanch. owing to election enmity, wanted to dispossess the petitioner. The application for temporary injunction was rejected by the Munsif on April 9, 1984. The petitioner filed an appeal before the District Judge which was transferred to the Court of Additional. Civil Judge, Jodhpur. The Additional Civil Judge dismissed the appeal. It is further stated that it was observed by him that it would be open to the trial Court to get the matter of grant of patta enquired into by the Gram Panchayat as directed by the trial Court in its order dt. April 9, 1984. The petitioner filed Revision No. 514 of 1984 in this Court and it is stated that this revision was partly accepted on December 9, 1985 and the petitioner's possession was protected It is next mentioned that Ramuram, the present Sarpanch of the Gram Panchayat, Ria, filed a criminal complaint against the petitioner and, the former Sarpanch Tulchharam on Jan. 5, 1985. It was alleged in the criminal complaint that the petitioner and the former Sarpanch Tulchharam entered into a conspiracy and the abadi land, which had already been allotted, was allotted to the petitioner on April 30, 1977. It was stated that a forged document was prepared and it was complained that offences under Ss.420, 467 and 471, I.P.C. were committed by the petitioner and Tulchharam. This criminal complaint filed by Ramuram (present Sarpanch) was forwarded by the Additional Chief Judicial Magistrate, Jodhpur to the Station House Officer, Police Station, Piparcity for investigation under S.156(3), Cr.P.C. The petitioner has prayed that the criminal complaint be ordered to be dismissed and the investigation which is being done by the Station House Officer, Police Station, Piparcity in F.I.R. Case No. 2 of 1985 be quashed.