Petitioners sought quashing of an FIR alleging that 20-25 persons forcibly entered the complainant's premises, vandalised it and took forcible possession. The court found a cognizable offence prima facie disclosed and held quashment cannot rest merely on assertion of falsity; investigation is the police's task. Petition and stay petition dismissed.
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[2024:RJ-JD:21528]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 195/2024
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Nonepresent |
|---|---|
| For Respondent(s) | : Mr. Gaurav Singh,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/05/2024
None present for the petitioner.
I have gone through the contents of the FIR and a bare perusal of which is disclosing cognizable offence. It is alleged in the FIR that around 20 to 25 persons forcibly entered into the premises of the complainant. They snatched the mobile phone of the chokidaar, the entire place was vandalized and in order to
[2024:RJ-JD:21528]
[CRLMP-195/2024]
(2 of 2)
show the possession a cabin was put there. The chokidaar of the complainant was detained until 4:00 AM. The entire incident had been captured in CCTV camera installed there. It seems that in order to take forcible possession, the accused party barged into the premises.
In my view, the matter requires investigation. Prima facie no case for quashing of the FIR is made out since quashment can not be made simply on assertion of falsity of allegation.
This Court is not expected to make a roving inquiry or conduct investigation, certainly this is a task to be undertaken by the police officer.
Accordingly, the present petition along the stay petition is dismissed.
(FARJAND ALI),J
115-chhavi/-
1 issue framed by the court
Whether the FIR alleging forcible entry into premises and taking of possession should be quashed.
Junjhar Singh
Shri Ram
Bhakhara Ram
Sujana Ram
State of Rajasthan, through PP
Yogendra Singh
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
