Disposed

Bhom Singh v. State of Rajasthan

Rajasthan HC3 Jul 2019CRLMP/2727/2019

Case brief

AI extract

What is this about?

Held a criminal miscellaneous petition under Section 482 Cr.P.C. seeking quashing of an FIR filed for property-related offences. Disposed of the petition directing petitioners to submit documents to the Investigating Officer. Directs police to follow arrest procedures under Sections 41 and 41-A Cr.P.C. Stay petition also dismissed.

What did the court decide?

Petitioners directed to appear before Investigating Officer with documents; Investigation to be conducted; Notice under Sections 41 and 41-A Cr.P.C. to be issued before arrest.

Bhom Singh Vs State of Rajasthan — Property and Title | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 2727/2019

¶3

Bhom Singh S/o Juhar Singh @ Sh. Jawahar Singh, Aged About 66 Years, By Caste Rajput,

¶4

Narpat Singh S/o Sh. Bhom Singh, Aged About 35 Years, By Caste Rajput, Both Are Resident Of Village Udat Post Nokhra, Tehsil Kolayat, District Bikaner.

¶5

----Petitioners

¶6

Versus

¶7

State Of Rajasthan

¶8

Vijay Singh S/o Late Sh. Sardul Singh, By Caste Rajput, aged about years, R/o Village Udat Post Nokhra, Tehsil Kolayat, District Bikaner.

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Prahlad Singh For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA assisted by Mr. Abhishek Purohit

¶11

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶12

Order

¶13

03/07/2019

¶14

This Criminal Misc. Petiton under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the F.I.R. No. 40/2019 dated 13.03.2019 of Police Station Kolayat, Bikaner for the offence punishable under Sections 420, 467, 468, 471 & 120B of the IPC.

¶15

Learned counsel for the petitioners submits that the dispute in question is already pending for consideration before the learned Revenue Court, where the complainant is also a party. He further submits that the petitioner No.1 is holding the subject piece of land since the year 1971. Learned counsel argues that the

¶16

(2 of 2)

¶17

[CRLMP-2727/2019]

¶18

present FIR has been lodged only to pressurize and harass the present petitioners.

¶19

Learned Additional Advocate General submits that the matter is still under investigation and if the petitioners appear before the Investigating Officer and submit all the relevant documents showing their innocence in the matter, the appropriate course of action will be adopted within the four corners of Law.

¶20

In these circumstances, the present Criminal Misc. Petition is disposed of with a direction to the petitioners to appear before the Investigating Officer and submit their representation along with all relevant documents and the Investigating Officer is directed to conduct the investigation on the same. It is also ordered that in the event of the Investigating Officer coming to the conclusion that the allegations against the petitioners are substantiated and the arrest is warranted in the matter then, he will give a notice to the petitioners under Sections 41 and 41-A Cr.P.C. before 10 days of arresting them. The Hon’ble Supreme Court in Arnesh Kumar V/s State of Bihar and Anr. reported in (2014)8 SCC 273 & AIR 2014 SC 2756 has also given specific direction to the State Government to ensure the compliance of the provisions of Sections 41 and 41-A Cr.P.C.

¶21

Stay petition also stands disposed of.

¶22

(VINIT KUMAR MATHUR),J

¶23

32-SunilS/-

Bhom Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhom Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Fateh Mohammed Vs State of Rajasthan

Tara Singh Vs State of Rajasthan

Rameshwar @ Ramesh Vs State of Rajasthan

Raju Lal Vs State and Anr.

Manisha Prajapata Vs State of Rajasthan

Hastimal Vs State