Dismissed

Het Ram and Anr. v. State and Anr.

Rajasthan HC22 Sept 2021CRLMP/418/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of two connected criminal miscellaneous petitions seeking fair investigation and quashing of an FIR. The court held that the investigation was conducted satisfactorily and there was no case for interference under the inherent jurisdiction. Both petitions were dismissed.

What did the court decide?

The petition for fair investigation and the petition for quashing of the FIR were dismissed.

Het Ram and Anr. Vs State and Anr. — Rajasthan HC (2021) — LawSathi Research

¶1

(1 of 4)

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[CRLMP-4793/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4793/2019

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Roshan Lal S/o Shambu Dayal, Aged About 42 Years, By Caste Kandoi, R/o Nohar Police Station Nohar, District Hanumangarh, Presently Resident Of 4 Bmr, Tehsil Kolayat P.s. Bajju District Bikaner.

----Petitioner

Versus

State Of Rajasthan, Through Pp

¶10

Het Ram S/o Bhajana Ram, By Caste Bishnoi, R/o Nagrasar P.s. Bajju District Bikaner.

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Dharampal S/o Het Ram, By Caste Bishnoi, R/o House No. 594 M, P.rohi, District Fathebad Presently Resident Of Bajju Tehsil Kolayat, District Bikaner.

¶12

Bhajana Ram S/o Faglu Ram, By Caste Bishnoi, R/o Nagrasar P.s. Bajju District Bikaner.

¶13

Satyanarayan Tanwar S/o Mula Ram, By Caste Mali, R/o Bhagwano Ka Mohalla, Purani Ginani P.s. Sadar, Bikaner.

¶14

Kishan Lal Bhati S/o Not Known, By Caste Mali, R/o Bikaner.

¶15

Jagdish Chandra S/o Bhajana Ram, By Caste Bishnoi, R/o Nagrasar P.s. Bajju, District Bikaner.

¶16

Mangilal S/o Gumanaram, B/c Bishnoi, R/o Nagrasar P.s. Bajju District Bikaner.

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Bhagirath S/o Rana Ram, By Caste Bishnoi, R/o Bajju, Tehsil Kolayat, District Bikaner.

¶18

----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 418/2018

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Het Ram S/o Shri Bhajna Ram, By Caste Bishnoi, Resident Of Nagrasar, Tehsil Kolayat, District Bikaner.

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Bhajna Ram S/o Shri Faglu Ram, By Caste Bishnoi, Resident Of Village Nagrasar, Tehsil Kolayat, District Bikaner.

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----Petitioners

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Versus

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The State Of Rajasthan

¶26

(2 of 4)

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[CRLMP-4793/2019]

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Roshan Lal S/o Shri Shambhu Dayal, By Caste Kandoi, Resident Of Nohar, District Hanumangarh, At Present Chak-4 Bmr, Tehsil Kolayat, P.s. Bajju, District Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Pankaj Gupta Mr. H.S. Shrimali

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For Respondent(s) : Mr. M.S. Bhati PP Mr. Pallav Sharma for

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Mr. Nishant Bora

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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22/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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S.B. Criminal Misc(Pet.) No. 4793/2019 :

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This criminal misc. petition under Section 482 Cr.P.C. has been preferred claiming the following relief:

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“It is therefore most humbly and respectfully prayed that this criminal misc. petition of the humble petitioners may very kindly be allowed and fair, just and impartial investigation will conduct in FIR No.102/2015, lodged at police station Bajju, District Bikaner for the offences under Section 420, 467, 468, 470, 471, 120-B IPC.”

¶40

Learned counsel for the petitioner submits that this is a petition seeking fair and impartial investigation in the matter, as the petitioner had submitted a written report before the concerned police station on 27.05.2015, regarding certain agricultural land situated at Chak 4 BMR, Tehsil Kolayat, District Bikaner, Murba

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(3 of 4)

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[CRLMP-4793/2019]

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No.169/2012 Kila No.1 to 25 – measuring total 24 bigha 5 biswa - and in Murba No.169/20 Kila No.1 to 20, measuring 0.17 bigha each in kila No.21 to 25, total measuring 23 bigha 15 biswa, alleging therein that the accused persons were under a conspiracy to forge the power of attorney dated 29.04.2014 to deprive the petitioner of his rights.

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Learned Public Prosecutor opposes the petition.

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Heard learned counsel for the parties as well as perused the record of the case.

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The factual report furnished by the learned Public Prosecutor before this Court indicates that the allegations in question have been investigated upon satisfactorily, and the offence under Sections 420, 467, 468, 471 & 120-B IPC has been made out against Dharmpal, Bhajanaram, Hetram and Satyanarayan Tanwar. The said factual report is taken on record.

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In view of the above, no case for interference is made out.

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Consequently, the present petition for fair investigation is disposed of, as the investigation has been done satisfactorily in the matter. All pending applications also stand disposed of.

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S.B. Criminal Misc(Pet.) No. 418/2018 :

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This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of FIR No.102/2015 dated 27.05.2015 registered at Police Station Bajju, District Bikaner for the offences under Sections 420, 467, 468, 470 & 120-B IPC.

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(4 of 4)

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[CRLMP-4793/2019]

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On the same facts, as that of the above-numbered S.B. Criminal Misc. Petition No. 4793/2019, the present petitioners, by filing this petition, are seeking quashing of the aforementioned FIR.

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After hearing learned counsel for the parties as well as on a careful perusal of the factual report furnished by the learned Public Prosecutor, this Court finds that the investigation, which has been done in the matter, satisfactorily proved the case against the present petitioners.

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In view of the above, no case for making any interference by this Court under the inherent jurisdiction of Section 482 Cr.P.C. is made out.

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Consequently, the present petition is dismissed. All pending applications also stand dismissed.

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(DR.PUSHPENDRA SINGH BHATI),J.

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11-12-SKant/-

Het Ram and Anr. v. State and Anr.

Case brief

What is this about?

What did the court decide?

Het Ram and Anr. v. State and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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