MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.

(2.) The petitioner apprehends his arrest in connection with FIR No. 38/2018 of Police Station Kotwali, District Barmer for the offence punishable under Ss. 447, 420, 467. 468. 471 of IPC.

(3.) Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. It is argued that as a matter of fact, the disputed plot was purchased by father of the petitioner way back in the year 1984 from one Jhandh Singh and on the basis of that sale agreement, the petitioner is in possession of the said plot. It is argued that electricity connection was also issued in the name of the petitioner and his name is also figured in the voter list of the area since long. It is submitted that allegation against the petitioner of trespassing into the plot of complainant is absolutely false. It is submitted that complainant has already filed a civil suit in the Court of Civil Judge, Barmer claiming title over the disputed plot and the civil suit is still pending, in which, civil court was also passed an order of maintaining status quo. It is submitted that from the above facts, it is clear that dispute between the petitioner and the complainant is purely of civil nature.