SHEA NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been filed by the petitioners for quashing and setting aside the First Information Report No. 10/1998 registered at the Police Station Fagi Distt. Jaipur on January 5, 1998, under Sections 209, 210, 420, 467, 468, 479, and 120B of the Indian Penal Code.

(2.) Brief resume of the facts is that complainant Smt. Chanduri instituted a complaint against the petitioner in the Court of Civil Judge (Junior Division) and Judicial Magistrate Dudu Distt. Jaipur on December 19, 1997. Learned Magistrate forwarded the said complaint under Section 156 (3), Cr. P.C. to the Police Station Fagi where FIR No. 10/ 1998 came to be registered against the petitioner. The accusation against the petitioners is that in order to grab the land they got two sale deeds registered in their names, therefore they got attested mutations and instituted a suit bearing No. 210/1993 in the Court of Assistant Collector, Dudu on June 30, 1993 which was decreed on July 8, 1993 and in pursuance of the decree of the Court, the petitioners became the khatedar tenant of the land. The petitioners having concealed the fact from the Revenue Court that the land belonged to a person of Scheduled Caste committed offence under Sections 209, 210,420, 467, 468, 479 and 120B, IPC.

(3.) Mr. Jagdeep Dhanker learned Sr. Advocate canvassed that if fraud was played on the Court, the Court only was competent to institute complaint in view of provisions contained in Section 195, Cr. P.C. Learned Counsel further contended that no offence is made out from the FIR and it deserves to be quashed looking to the parameters laid down by the Apex Court in State of Haryana v. Bhajan Lal, 1992 Cr. L.J. 526.