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State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990

10. Assuming for a moment that the land in Survey No.313/8 is a Government land, then, whoever had indulged in transacting Government land, be it the petitioner or the de facto complainant, will have to be prosecuted in accordance with law. Based on the replies given under the RTI Act, this Court cannot give a finding in a quash application that the two assignment orders obtained by Kalaivani [A2] and Uma Maheshwari [A3] were valid documents, especially in the light of the fact that Kalaivani [A2] is a witness to the Document No.514 of 1984 dated 09.02.1984 and strangely, she is claiming title to the said property, via an assignment order, which according to the de facto complainant, is a fabricated one. Disputed questions of fact cannot be gone into in a quash application. Hence, when there are prima facie materials for an investigation to proceed, the FIR cannot be quashed at the threshold in the light of the law laid down by the Supreme Court in State of Haryana v. Bhajan Lal [AIR 1992 SC 604],
Supreme Court of India Cites 44 - Cited by 19733 - S R Pandian - Full Document
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