SUGAN CHAND Vs. KHETA NATH

JUDGEMENT

(1.) ORDER :- Heard the learned Counsel for the petitioner for final disposal of this petition at the admission stage itself.

(2.) This petition by the complainant-petitioner has been preferred being aggrieved by the impugned order dated 4-9-97 passed by the learned Addl. Chief Judicial Magistrate, Ratangarh in Cr. Misc. Case No. 14/97 while dismissing the petitioner's protest petition and accepting the Final Report No. 70 dated 30-10-96 filed by the Police Station, Sujangarh.

(3.) Briefly stated the facts giving rise to this petition are that the complainant-petitioner as well as the accused non-petitioner Nos. 1 and 2 are residents of Sujangarh Distt. Churu. the petitioner lodged a written report before the Collector, Churu alleging therein that the land bearing Khasra No. 431 measuring 23.13 bighas falling to the share of Nathu Ram is situated in Gopalpura and half of this agricultural land falling to the share of Nathu Ram, who is Kalbeliya and as such a member of Scheduled Caste, sold land measuring 11.13 bighas to Smt. Phooli Devi widow of Rughnath Jogi and that Smt. Phooli Devi has been described as Kalbeliya (Jogi) in the sale deed so executed and got registered on 9-1-76 before Sub-Registrar, Sujangarh by the vendor Nathu Ram, who being a Kalbeliya, is a member of Scheduled Caste and, accordingly in view of bar against sale, transfer and mortgage etc. by any member of Scheduled Caste or Scheduled Tribe under Section 42 of the Rajasthan Tenancy Act, the sale was ab initio void. So the main grievance agitated by the complainant-petitioner was that Nathu Ram as well as Smt. Phooli Devi through accused-non-petitioner Kheta Nath made a false statement before the Sub-Registrar at the time of registration of the sale deed that since Smt. Phooli Devi being a member of Kalbeliya caste, being a member of the Scheduled Caste, the land was transferred by one member of the Scheduled caste to another member of the same caste whereas Smt. Phooli Devi being a Nath (Jogi) was never member of a Scheduled Caste and, instead. Nath (Jogi) sub-caste has been recently declared to be amongst the other Backward Classes and, resultantly, the aforesaid persons entered into a criminal conspiracy to cheat the State Government thereby to cause wrongful loss to the Government by way of falsification of a document wherein false description of the vendee has been so given by effecting transfer of the said land contrary to the provisions of Section 42 of the Raj. Tenancy Act and, accordingly, the accused-non-petitioners and others are liable for commission of offences punishable under Ss. 420, 467 and 468, I.P.C.