RAVI SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Misc. Petition has been preferred by the petitioners for quashing of the FIR (CR) No.241/2013 registered at the Police Station Sadar, Bhilwara for the offences under Sections 447, 427, 341 and 323 IPC and 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act.

(2.) The petitioners earlier preferred Misc. Petition Nos.244/2014, 305/2014 and 80/2014 in this Court with almost identical prayers, which were finally decided vide order dated 24.01.2019 directing that the petitioners would submit a representation with the necessary documents to the Investigating Officer, who in turn was directed to consider and decide the same before completing the investigation strictly in accordance with law. The petitioners were given 15 days' protection against arrest and were also given liberty to approach the Court again, in case occasion so arose. In furtherance of this direction, the investigation has been completed and fifteen days' notice has been given to the petitioners apprising them regarding the need of their arrest in the case after a conclusion that the offences are duly proved against them.

(3.) Learned counsel Shri Ramesh Purohit, representing the petitioners, vehemently and fervently urged that the entire case as set out by the first informant in the impugned FIR is false and fabricated. He further urged that the FIR has been lodged after a significant delay. The land in question stands in the name of the petitioner Ravi Shanker in the revenue records. The claim of the respondent No.2 Kanhaiya Lal that Ravi Shanker's father sold the land to him, is absolutely concocted. Shri Purohit further submitted that the respondent No.2 Kanhaiya Lal approached the revenue court for grant of injunction for the very same chunk of land and the prayer so made has been turned down right up to the Board of Revenue. No details of the land (Khasra No. etc.) have been set out in the impugned FIR and thus, there is nothing on the record which can justify continuance of the investigation of the impugned FIR against the petitioners which deserves to be quashed as amounting to an abuse of process of law.