Allowed

Saddique Khan and Ors. v. State and Ors.

Rajasthan HC2 Dec 2022CRLMP/3670/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur, allowed the special leave criminal petition and quashed an order of the Additional Sessions Judge and Sub Divisional Magistrate. This followed the precedent laid in Gulab Sarifh regarding a land dispute where the petitioner did not claim rights over the specific land parcel involved.

What did the court decide?

The orders dated 14.12.2015 and 01.08.2015 were quashed and set aside; the trial court record was returned; pending applications were disposed.

Saddique Khan and Ors. Vs State and Ors. — Quashing and FIR | Rajasthan HC (2022)

¶1

(1 of 3)

¶2

[CRLMP-3670/2015]

¶3

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶4

S.B. Criminal Misc(Pet.) No. 3670/2015

¶5

Saddique Khan And Ors.

----Petitioner

Versus

State And Ors.

----Respondent For Petitioner(s) : Mr. JK Suthar. For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. Surendra Thanvi.

¶10

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶11

Order

¶12

02/12/2022

¶13

Learned counsel for the respondents has drawn attention of this Court towards the judgment passed by this Court in Gulab Sarifh & Ors. Vs. State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No.4220/2017), decided on 20.02.2019, the order dated 20.02.2019 reads as follows:-

¶14

“1. Counsel for the respondent points out from order dated 08.10.2013 passed by learned Revenue Authority that stay is operating in favour of petitioners regarding Khasra No.416/6 on an application filed under Section 212 of the Rajasthan Tenancy Act.

¶15

2. At the outset, learned counsel for the petitioner submits that the petitioners shall not lay any claim over Khasra No.416/6 and shall render his co-operation for

¶16

(2 of 3)

¶17

[CRLMP-3670/2015]

¶18

the order dated 8.10.2013 to be vacated to the extent it pertains to Khasra No.416/6.

¶19

3. In light of such limited submission, learned counsel for the respondent agrees that the FIR was lodged just to overcome the revenue proceedings pertaining to Khasra No.416/6 in order dated 8.10.2013.

¶20

4. Perused the investigation report.

¶21

5. The investigation report furnished by I.O. is not satisfactory. This Court is of the view that allegation regarding Khasra No.416/6 cannot be maintained as the petitioners themselves are not claiming the same and the respondents categorically state that they have no dispute beyond that.

¶22

6. Thus, with the consent of counsel for the parties, the misc. petition is allowed. FIR No.105/2017, P.S. Chhatargarh, District Bikaner lodged qua the petitioners for the offence under Sections 420, 467, 468, 471 & 120B IPC is quashed and set aside in light of undertaking given counsel for the petitioner that the petitioners does not claim any right over Khasra No.416/6 and acceptance of the respondent to close the criminal proceedings upon such undertaking. It shall be open for the parties to move to the Tehsildar concerned for appropriate demarcation of land and the Tehsildar in turn shall make such demarcation as per rights of the parties preferably within three months from the date of receipt of certified copy of this order. The parties shall be bound by their stand before this Court regarding the dispute in hand.”

¶23

In light of the aforesaid order and with the consent of both the parties, the present misc. petition is allowed and impugned order dated 14.12.2015 passed by learned Additional Sessions Judge No.2, Bikaner in Criminal Revision Petition No.39/2015 as well as the order dated 01.08.2015 passed by learned Sub Divisional Magistrate, Chhatargarh, District Bikaner in Case

¶24

(3 of 3)

¶25

[CRLMP-3670/2015]

¶26

No.07/2015 are quashed and set aside. The record of the learned

¶27

Trial Court be sent back forthwith.

¶28

All pending application applications stand disposed of.

¶29

(DR.PUSHPENDRA SINGH BHATI), J.

¶30

85-jitender/-

Saddique Khan and Ors. v. State and Ors.

Case brief

What is this about?

What did the court decide?

Saddique Khan and Ors. v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Damaram Vs State

Nitin Arora Vs State

Axis Bank Ltd. Vs State

Dinesh Parihar Vs State of Rajasthan

Subhash Vishnoi Vs State of Rajasthan

Anjali Pareek Vs State