Petitioner challenged FIR regarding alleged cheating and forgery over a land deal. Court rejected quashing, directing SP to ensure effective investigation as land status disputed.
Direction to Superintendent of Police to ensure effective and fair investigation; Petition and Stay Application disposed of.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CRIMINAL MISC. PETITION NO.3796/2016 S.B. CRIMINAL MISC. STAY APPL. NO.3898/2016
Praveen Kumar S/o Shri Sharvan Kumar, aged about 33 years, resident of Gardu Ki Dhani, Post Jini, Tehsil Surajgarh, Jhunjhunu
Petitioner/Accused
Versus
Respondent-Complainant
DATE OF ORDER : : 22nd September, 2016
**HON'BLE MR. JUSTICE MOHAMMAD RAFIQ *********
Shri Devendra Sharma ) Shri Aditya Mitruka) for the petitioner. Shri Jitendra Shrimali, P.P. for the State.
This petition seeks to challenge the FIR No.158/2016 registered at Police Station Singhana for offence u/ss. 420, 406 of IPC. It is prayed that the aforesaid FIR be quashed.
Learned counsel for the petitioner has argued that no prima facie case is made out from the allegations contained in the FIR, which is founded on false and fabricated assertions. It is alleged in the FIR that the complainant agreed to sell the disputed land to the petitioner for a sum of Rs.21 lacs and given a cheque of Rs.11 lacs, but in the FIR itself it is stated that the
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cheque was taken back by the accused-petitioner. The allegation that the accused-petitioner forcibly took possession of the land without there being any sale deed in their favour is palpably false.. The FIR is registered on 26.6.2016, whereas the fact is that this very land was sold by the Banarasi and Mahaveer to one Lok Chand by registered sale deed dated 4.2.2016. The land was mutated in their favour on 5.2.2016 and thereafter purchasers have partitioned the said land on 16.6.2016.
It is contended that the police is not making proper and effective investigation in the matter and petitioner would be satisfied if direction is given to Superintendent of Police to ensure effective and fair investigation in the matter.
Having regard to the averments made in the FIR, this Court is not inclined to quash the FIR. If it is the same land which is referred to in the FIR, which has already been sold out on 5.2.2016, it is a matter for the police to investigate to find out whether criminal case has been falsely lodged against the petitioner and whether the land of the complainant has not been forcibly taken possession of by the petitioner. The petitioner is therefore required to approach the
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Superintendent of Police concerned, who shall have the matter examined and ensure fair and effective investigation in the matter expeditiously.
With that direction the petition is disposed of. Stay application also stands disposed of.
(Mohammad Rafiq),J.
RS/48
1 issue framed by the court
Whether the dispute over land purchasing agreement and alleged forcible possession warrants quashing of FIR under ss. 420, 406 of IPC.
Praveen Kumar S/o Shri Sharvan Kumar
State of Rajasthan through Public Prosecutor
Mahaveer Prasad S/o Shri Pitram
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
