Rajasthan High Court - Jodhpur
Ram Chander @ Ramesh & Anr vs State & Anr on 27 March, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 472 / 2017
1. Ram Chander @ Ramesh S/o Kera Ram Adopted S/o Basta
Ram, By Caste Baori, R/o Baoriyon Ka Bas, Near Nadi Dansasani,
Rohat, District Pali.
2. Surki @ Purki W/o Banta Ram, By Caste Baori, R/o Baoriyon Ka
Bas, Near Nadi Dansasani, Rohat, District Pali.
----Petitioners
Versus
1. The State of Rajasthan
2. Smt. Jamna Devi W/o Basta Ram, By Caste Baori, R/o At
Present Village Kharda, Tehsil Rohat District Pali.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Pankaj Gupta.
For Respondent(s) : Mr. MS Panwar, PP for the State.
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment / Order 27/03/2017 The petitioner has preferred this misc. petition under Section 482 CrPC for quashing of FIR No.24/17 dated 21.01.2017 recorded at P.S. Rohat against the petitioners for the offence U/S 420, 406, 467, 468, 471 of IPC and also to quash further investigations and arrest of the petitioners in this case.
The counsel for the petitioner has stated that the case is similar to the facts mentioned in the matter of Inder Mohan Goswami & Anr vs. State of Uttaranchal & Ors. AIR 2008 Supreme Court, page-251. The crux of the FIR pointed out by the counsel for the petitioner is that the lady and the child, whether had a right to take mutation entered into.
(2 of 2) [CRLMP-472/2017] Learned Public Prosecutor has pointed out by the factual report that the matter pertains to revenue record and therefore, the revenue record has to be considered by the investigating officer and it is appropriate at this stage that the petitioner shall present before the investigating officer and furnish all the details mentioned. The investigating officer shall consider all the details furnished by the petitioner along with the precedent law and consider the same before completing the investigation.
In the light of the aforementioned statement, the petition is accordingly disposed of. However, petitioner shall be at liberty to take proper objections at appropriate stage.
(DR. PUSHPENDRA SINGH BHATI)J. Ck mishra