BACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This petition is directed against the order dated 30-7-1998 passed by the Addl. Chief Judicial Magistrate, Karanpur whereby he directed framing of the charge under Section 120B, 467, 468 and 199, IPC against petitioners Bachan Singh alias Ranjeet Singh, Hardeep Singh, Umed Singh and others and under Section 120B and 199, IPC against petitioner Suba Sadiq.

(2.) Mr. Samdariya contended that Hardeep Singh was 'Panch' and Suba Sadiq was 'Sarpanch' and Umaid Singh was Patwari at the relevant time and as such they were public servants and could not be prosecuted without the sanction of the State Government under Section 197, Cr.P.C. and charges could not be framed against them. His further contention was that Bachan Singh, petitioner himself is the son of Bhag Singh in whose name the land stood and he being the rightful claimant of the property, charges could not be framed against him also.

(3.) I have gone through the order of the trial Court as also the papers which have been made available by Mr. Samdariya. The facts of the case are slightly complicated. Jito D/o Bhag Singh lodged a report at Police Station Keshrisinghpura with the allegations that her father Bhag Singh was a refugee. He was allotted some 24 bighas of land in Chak S.K. Murabba No. 72, in his name and in the name of her mother Kartaro and brother Nathu Ram for which mutation entry No. 68 was made in the record. Thereafter her father, mother and brother died. She, therefore, applied for mutation in her name which was allowed on 9-2-1983 vide entry No. 72 by Gram Panchayat Malkhana Khurd. It was further stated in the F.I.R. that Jagga Singh, Basabai, Hardeep Singh, Umed Singh, Suba Sadiq and Bachan Singh entered into a criminal conspiracy and claiming that Bachan Singh was the son of Bhag Singh and that his only sister Smt. Jito had expired, got the mutation of land of Bhag Singh done in the name of Bachan Singh alias Ranjeet Singh vide entry No. 80 dated 4-5-1983. It was stated that Gram Panchayat had no power to cancel the mutation entered in her name on 9-2-1983, moreso when Ranjeet Singh is not the son of Bhag Singh, and his real name in Bachan Singh who is the son of one Jagga Singh. It was also stated that even in the electoral roll Bachan Singh has been described as son of Jagga Singh. It was further stated in the report that she (Smt. Jito) never resided in village Basir but a false certificate has been issued by Suba Sadiq that Smt. Jito d/o Bhag Singh and wife of Arjun died on 23-1-1983 whereas she was not married to Arjun. On this report, a case under Sections 420, 467, 468, 471 and 120B, IPC was registered at Police Station Keshrisinghpura.