Rajasthan High Court - Jaipur
Rajendra Prasad Sharma Son Of Rameshwar ... vs State Of Rajasthan on 8 January, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7781/2018
Rajendra Prasad Sharma Son Of Rameshwar Lal, Adopted Son Of
Late Mst. Asharfi Devi, Wife Of Ramcharan, By Caste Brahman,
Resident Of Pujari Temple Shri Ganga Mata Virajmaan Mahua,
Resident Of Samleti, District Dausa.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Ms. Gayatri Rathore For Respondent(s) : Mr. NS Dhakad PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
08/01/2019 The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 216/2018 registered at Police Station Mahua, Dausa for the offences under Sections 467, 468, 471, 474, 420 and 120B IPC.
Learned counsel for the petitioner has submitted that Akash Khandelwal the complainant has wrongly alleged in the FIR that the property, details of which have been given in the FIR, is ancestral property. Learned counsel for the petitioner has contended that it stands concluded by the revenue court that the agricultural land in question is land belong to diety (Mandir Mafi).
Learned counsel for the petitioner has submitted that the investigating officer is not ready and willing to consider the judgments rendered by the Board of Revenue and Single Bench of this court in SBCWP No.2033/2017. Learned counsel for the petitioner has further submitted that the investigating officer is also not willing to take into account the fact that the order passed (2 of 2) [CRLMP-7781/2018] by the Single Bench of this Court is subject matter of appeal in DB SAW No. 549/2017.
Learned Public Prosecutor has submitted that the petitioner should appear before the investigating officer to furnish all judgments / orders rendered by the Revenue Appellate Authority, Board of Revenue, learned Single Judge and the order passed by the Division Bench of this Court in DBSAW No.549/2017. Learned Public Prosecutor has submitted that in case documents are furnished by the petitioner, the same shall be duly considered by the investigating officer. Learned Public Prosecutor has further submitted that it is also to be examined by the investigating officer whether the present petitioner was adopted by Mst. Ashrafi Devi or not.
After hearing the learned counsel for the parties, the present petition is disposed of, by directing the petitioner to appear before the investigating officer on or before 18.1.2019. Upon appearance, the petitioner shall hand over the documents to the investigating officer. The investigating officer before formulating any opinion regarding guilt of the petitioner shall take documents to be produced by the petitioner alongwith his version into consideration.
It is further ordered that in case the investigating officer comes to conclusion that arrest of the petitioner is to be affected, he shall serve a fifteen days prior notice upon the petitioner to enable him to approach the court of competent jurisdiction for grant of pre-arrest bail.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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