DALARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioner apprehends his arrest in connection with FIR No. 13/2019 of Police Station Bhadrajun, District Jalore for the offences punishable under Ss. 420, 467, 468 and 120-B IPC. He has preferred this anticipatory bail application under Sec. 438 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the allegation against the petitioner of obtaining a forged patta is absolutely false. It is submitted that the complainant has filed this FIR only on the basis of a possession certificate said to have been issued by the Gram Panchayat Kawrada, which certifies that the father of the complainant and other persons are in possession of the plot situated in the Gram Panchayat Kawrada. It is submitted that there is no provision under the Panchayati Raj Act to issue such type of possession certificate and the petitioner being a patta holder, is entitled to retain the possession of the land. It is submitted that it is open for the complainant to file appropriate proceedings for cancellation of the patta issued in favour of the petitioner. It is also submitted that as a matter of fact the complainant is not a title holder and has filed this false FIR against the petitioner.