VAGA RAM CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing of FIR No. 0570/2019 registered at Police Station Jalore for offence under Sections 307, 353, 332, 427, 186, 109 I.P.C. and Sections 3(1)(R), 3(1)(S) of SC/ST Act.

(2.) Learned Counsel for the petitioner submits that the complainant has deliberately lodged the impugned FIR against the petitioner on the basis of false, frivolous and bogus allegations. It is submitted that the petitioner has not made encroachment over the land of Gram Panchayat, Mandavala whereas he is raising the construction over the land under his ownership. The petitioner has neither used any criminal force to deter the complainant in discharging the official duty nor stolen away any board of Gram Panchayat, as alleged. It is submitted that the allegation of causing injury to the complainant during discharge of official duty is also false and frivolous. It is further submitted that the complainant has not received any kind of injury during this scuffle and a false averment in this regard has been made in the FIR. The complainant is keeping animosity with the petitioner due to political rivalry, therefore the complainant lodged the impugned FIR with a view to harass and humiliate the petitioner. Therefore it is prayed that the FIR in question may be quashed.

(3.) Per contra, learned Public Prosecutor has opposed the prayer.