Rajasthan High Court - Jodhpur
Bhanwar Lal vs State Of Rajasthan on 3 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1199/2021
1. Bhanwar Lal S/o Mangilal, Aged About 43 Years, Village
Chotila, Tehsil Rohat, District Pali (Raj.).
2. Madanlal S/o Mangilal, Aged About 40 Years, Village
Chotila, Tehsil Rohat, District Pali (Raj.).
3. Kela Devi W/o Bhanwar Lal, Aged About 45 Years, Village
Chotila, Tehsil Rohat, District Pali (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Pratyay Anurag Mahanti S/o Ajay Kumar Mahanti, A-504,
Upper Block Acropolls, Ghotopatan Bhuwneshwar, Urisa At
Present Residing Nyra Energy Ltd. Company Sawaipura,
District Pali.
----Respondents
For Petitioner(s) : Mr. M.R. Khatri
For Respondent(s) : Mr. Mukhtyar Khan, P.P
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
03/03/2021
Instant misc. petition has been filed by the petitioner for
quashing of FIR No. 340/2020 registered at Police Station Rohat,
District Pali for offence under Sections 447, 427 and 34 IPC.
Brief facts of the case are that the complainant respondent
no.2 lodged a FIR on 17.12.2020 stating therein that company
Nyra Energy Ltd was having Petrol and Diesel Depot at village
Sawaipura and petitioners illegaly trespassed into the depot
causing damage to the property of the company to the tune of Rs.
2,00,000/-.
(2 of 3) [CRLMP-1199/2021]
Learned counsel for the petitioner submits that before the
said FIR, the respondent no.2 lodged another FIR on 24.06.2020
bearing FIR No. 164/2020 for offence under Sections 447, 147,
148, 149, 323 and 392 IPC which was a counterblast to the FIR
lodged by father of petitioner no.1 and 2 on 11.06.2020 being FIR
No. 147/2020. The petitioners feeling aggrieved by the
registration of FIR, preferred criminal misc. petition before this
Court in which notices were issued to the complainant and interim
order was granted in favour of the petitioner. It is submitted that
dispute is already going on between the parties before the court of
S.D.M. Rohat under Land Revenue Act and the present FIR is
abuse of the process of law. It is submitted that proceedings are
already pending adjudication before the competent Civil Court and
the present FIR has been filed by the complainant only to create
undue pressure, therefore, the FIR is liable to be quashed.
Learned counsel has placed reliance on the judgment of Hon'ble
Apex Court in the case of Antony Vs. State of Kerala reported in
(2001) 6 SCC 181.
Learned Public Prosecutor vehemently argued that offences
as alleged by the complainant has been fully proved after
thorough investigation by the police and the police has filed
challan on 01.03.2021 before the court. It is submitted that prima
facie case is established against the petitioner, therefore, at this
stage, the FIR is not liable to be quashed.
I have considered the rival arguments and carefully gone
through the FIR and material on record.
From the material on record, it is evident that the police
after thorough investigation and after recording statement of
various witnesses have found the offences proved against the
(3 of 3) [CRLMP-1199/2021]
petitioner and chargesheet has also been filed by the police before
the competent Court, therefore, at this stage, it cannot be said
that the FIR is liable to be quashed. The petitioner will be at
liberty to raise all the points at the time of framing of charge. So
far as the judgment relied upon by the petitioner in the case of
Antony (Supra) is concerned, the same does not help the
petitioner inasmuch as in the said case, a second FIR was
registered under Section 154 Cr.P.C. on the basis of letter of
Director General of Police whereas, in the present case, the FIR
has been lodged against the petitioner for distinct offence and
same has been prima facie proved against the petitioner.
In the facts and circumstances of the case, no case for
quashing of FIR No. 340/2020 registered at Police Station Rohat,
Pali is made out. Hence, this misc. petition is hereby dismissed.
Stay petition is also dismissed.
(MANOJ KUMAR GARG),J
43-BJSH/-
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