Harbhajjan Singh vs State And Anr
2021 Latest Caselaw 12322 Raj

(1 of 2) [CRLMP-2808/2014]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 2808/2014

Harbhajjan Singh

----Petitioner Versus State & Anr.

----Respondent

For Petitioner(s) : Mr. D.S. Rathore. For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. R.S. Choudhary.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

06/08/2021

The instant misc. petition has been filed by the petitioner

Harbhajjan Singh seeking quashing of the FIR No.625/2014

registered at the Police Station Hiran Magri, District Udaipur for

the offences punishable under Sections 354, 323, 143, 452 and

427 IPC and Section 3[1][E] of SC/ST Act.

Learned Public Prosecutor has placed on record the I.O.'s

factual report as per which, the offences under Sections 354 and

323 IPC were not found proved out against the petitioner after

investigation. There appears to be a dispute between the parties

regarding the possession of residential plots. This Court had

directed to the Investigating Officer to find out as to who was in

possession of the disputed property. However, the factual report

does not indicate whether the Investigating Officer has taken any

such step till date.

Learned counsel representing the petitioner has brought to

the notice of this Court, copy of an order dated 11.02.2015 passed

(2 of 2) [CRLMP-2808/2014]

by this Court in S.B. Civil Second Appeal No.284/2014 whereby,

the appeal filed for assailing the judgment and decree dated

14.10.2014 passed by learned Civil Judge (South), Udaipur City

dismissing the suit filed by the respondent complainant for

permanent injunction, was rejected.

In this background, it is hereby directed that the

Investigating Officer shall collect the judgments of the Civil Court

and take legal opinion as to whether in light of the findings arrived

therein, the offences alleged can be said to be made out against

the accused petitioner. A detailed inquiry shall be made into these

facts and the latest factual report shall be forwarded for the

Court's perusal on the next date of hearing.

Learned Public Prosecutor shall forthwith transmit a copy of

the order to the Investigating Officer. Interim order shall continue

till next date of hearing.

List on 14.09.2021.

(SANDEEP MEHTA),J

30-Tikam/-

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