This single-paragraph order dismisses a criminal miscellaneous petition seeking quashment of an FIR regarding defaulted loans and subsequent repossession of property. The court found no force in the petitioners' allegations of false seizure.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 453/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Ram Chandra Sharma For Respondent(s) : Mr. FR Meena PP Mr. Indresh Sharma for the respondent no.2
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
05/07/2019
The petitioners have preferred the present criminal misc. petition seeking quashing of FIR No. 8/2019 registered at police station Bassi, Jaipur for the offences under Sections 454, 448 and 379 IPC.
(2 of 2)
[CRLMP-453/2019]
It is contended by the learned counsel for the petitioners that the property in dispute was not partitioned and the house in question was not mortgaged and on the date when the property was seized, the petitioners were in possession and a false seizure report was prepared by the authorities.
Learned counsel for the petitioner complainant has opposed the present petition and contended that the property was seized in police protection and seizure report was prepared. It is contended that the petitioner nos. 3 to 5 had taken loan from the bank and after seizure of the property, they have illegally opened the seals and repossessed the property.
I have considered the contentions.
FIR discloses the commission of cognizable offences and allegations are grave. Petitioner nos. 3 to 5 are borrowers and have not repaid the loan amount and after the property was seized, they have repossessed the same.
In view of the above, I find no force in the present petition and the same is dismissed.
(PANKAJ BHANDARI),J
Mak/-
Sitaram Jat and Others
State Of Rajasthan
Sh. Jitendra Singh
Pankaj Bhandari
As recorded by the court registry
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