Disposed¶23

Ghasi Nayak Son of Dhanna Nayak, v. State of Rajasthan

Rajasthan HC10 Mar 2026CRLMP/223/2026

Case brief

AI extract

What is this about?

CRLMP 223/2026 Rajasthan High Court Jaipur Anil Kumar Upman J 10/03/2026; forgery in sale deed FIR PS Bhinai District Ajmer; complainant Ramdev alleged mastermind; attesting witnesses Ghisalal Bhil and Gopal Lal; purchaser Ghasi Nayak; seller identified as Nanda Nayak; no locus to lodge FIR; Sub-Registrar informed; representation to Investigating Officer; one-week liberty to file comprehensive representation; 15 days' notice before arrest; stay application disposed.

What did the court decide?

Liberty to the petitioners to file a comprehensive representation before the Investigating Officer within one week; the Investigating Officer directed to consider such representation and documents before forming any final opinion; 15 days' notice to be served on the petitioners before arrest if cognizable offences are held made out. ¶23

Ghasi Nayak Son of Dhanna Nayak, Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the Criminal Misc. Petition should be disposed of with directions that the petitioners' contentions (complainant being the mastermind of the forgery and lacking locus; information given to the Sub-Registrar) be considered by the Investigating Officer before formation of any final opinion, and with safeguards regarding arrest.

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Court's answer

The petition is disposed of with liberty to the petitioners to file a comprehensive representation before the Investigating Officer; if such representation is filed within one week, the Investigating Officer is directed to take it, along with any documents, into consideration before forming any final opinion.

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Ratio / Principle

If the Investigating Officer concludes that cognizable offences are made out against the petitioners, he shall serve 15 days' notice upon them before making their arrest.

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Key takeaways

The stay application and other pending applications, if any, also stand disposed of.ratio¶24

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous (Petition) No. 223/2026, decided on 10/03/2026 by Anil Kumar Upman, J. Three accused-petitioners in an FIR (police station Bhinai, District Ajmer) concerning alleged forgery in a sale deed — wherein they contended that the complainant was himself the mastermind who introduced a wrong person as land owner, that the complainant lacked locus to lodge the FIR, and that they had already informed the Sub-Registrar and made representations to higher authorities — sought consideration of these aspects by the Investigating Officer. The Court disposed of the petition with liberty to file a comprehensive representation before the Investigating Officer within one week, directing the officer to consider the representation and documents before forming any final opinion, and further observing that if cognizable offences are found made out, 15 days' notice shall be served on the petitioners before arrest. Stay and pending applications were also disposed of.

¶1

[2026:RJ-JP:10213]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 223/2026

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Ghasi Nayak Son Of Dhanna Nayak, Resident Of Tokarwad, Distt. Bhilwara, Presently Village Bagrai, P.S. Bhinai, District Ajmer.

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Ghisalal Bhil Son Of Shri Kalyan, Resident Of Village Devliya Kalan, P.S. Bhinai, District Ajmer.

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Gopal Lal Son Of Ramprasad, Resident Of Village Devliya Kalan, P.S. Bhinai, District Ajmer.

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----Accused-Petitioners

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Versus

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State Of Rajasthan, Through The Public Prosecutor. 2. The S.H.O. Police Station, Bhinai, District Ajmer.

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----Respondents

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Ramdev Son Of Chandra Nayak, Resident Of Village Devliya Kalan, P.S. Bhinai, District Ajmer.

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----Complainant-Respondent

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For Petitioner(s)	: Mr. Ashvin Garg, Adv., with Mr. Ripu Daman Singh Shekhawat, Adv.,and Mr. Nonit Hatila,Adv.
For Respondent(s)	: Ms. Arti Sharma, PP with
	Mr. VijaySingh Yadav,PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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10/03/2026

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Learned counsel for the petitioners submits that complainant himself is mastermind of the offence of forgery, who introduced the wrong person as land owner. He submits that believing the complainant, sale deed was executed in favour of the petitioner No.1 and petitioners No.2 and 3 are the attesting witnesses of the said sale-deed, who identified the seller as Nanda Nayak based on the information given by the complainant. He submits that

(2 of 2)

[2026:RJ-JP:10213]

[CRLMP-223/2026]

complainant has no locus in his favour to lodge this FIR. He further submits that soon after getting the information that wrong person has executed the sale deed in favour of the petitioner No.1, Sub-Registrar has been informed by the petitioners in this regard. He submits that petitioners would be satisfied if all these aspects are taken into consideration by the Investigating Officer before forming any final opinion. He submits that representations have already been submitted by the petitioners to the higher authorities of the Investigating Officer.

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In view of above, this deems it proper to disposes of this petition with liberty to the petitioners to file comprehensive representation before the Investigating Officer. If any such representation is filed by the petitioners within the period of one week from today, Investigating Officer is directed to take into consideration such representation and documents, if any, before forming any final opinion. It is further observed that if Investigating Officer reaches to the conclusion that cognizable offences are made out against the petitioners, he will serve 15 days’ notice upon them before making their arrest.

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With the aforesaid directions, this Criminal Misc. Petition stands disposed of.

¶24

Stay application and pending applications, if any, also stand disposed of.

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(ANIL KUMAR UPMAN),J

¶26

MADAN/48

Ghasi Nayak Son of Dhanna Nayak, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ghasi Nayak Son of Dhanna Nayak, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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