R.S. AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this criminal miscellaneous petition, the petitioner has prayed for quashing of the First Information Report No. 63/2008, registered at Police Station Mahesh Nagar, Jaipur City (South), Jaipur. Further, it is prayed that the proceedings arising out of the said Report be also quashed.

(2.) BRIEFLY stated, the facts of the case are. that the petitioner is the owner of House No. B -40, Ganesh Nagar, Sodala, Jaipur. The said house was purchased in the year 1988. The size of the plot of the petitioner is 51x75 sq. feet and the construction had been raised, by the earlier owner, on an area measuring 47x75 sq. feet, leaving four feet strip of land on the eastern side, that is the back of the house, so as to give space to the projection over the windows and flow of water from spouts, etc.

(3.) THE instance First Information Report came to be filed by non -petitioner No. 2 on 2.3.2008 and the same was registered as FIR No. 63/2008, at Police Station Mahesh Nagar for the offence under Section 447 IPC. The said FIR has been placed on record as Annexure -3.