Devraj Baori vs State Of Rajasthan
2021 Latest Caselaw 6346 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2310/2018

1. Devraj Baori, S/o Shri Dhanna Ji, R/o Vill. Khadat, Abu Road, P.s. Abu Road City, Dist. Sirohi

2. Smt. Narayani, W/o Devraj Baori, R/o Vill. Khadat, Abu Road, P.s.abu Road City, Dist. Sirohi

3. Harish, S/o Devraj Baori, R/o Vill. Khadat, Abu Road, P.s.abu Road City, Dist. Sirohi

4. Hansa Ram, S/o Fussa Ram Meghwal, R/o Vill. Khadat, Abu Road, P.s.abu Road City, Dist. Sirohi

----Petitioners Versus

1. State Of Rajasthan, Through PP

2. Smt. Santosh Saad W/o Gopal Das, B/c Brahmin, R/o Vill.

Tartoli, Abu Road, P.s. Abu Road City

----Respondents

For Petitioner(s) : Mr. B.S. Rathore For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

03/03/2021

The petitioners have approached this Court by way of this

criminal misc. petition under Section 482 Cr.P.C. seeking quashing

of FIR No.17/2018, Police Station Abu Road City, District Sirohi.

I have heard and considered the submissions advanced by

Shri Rathore, learned counsel representing the petitioners, learned

Public Prosecutor and have gone through the impugned FIR as

well as the detailed factual report forwarded by the IO.

The Investigating Officer has reached to a conclusion that

the petitioners duped the illiterate complainant Santosh and her

(2 of 2) [CRLMP-2310/2018]

mother-in-law Babi @ Babu and fraudulently procured a power of

attorney. The accused Devraj then used the fraudulently procured

power of attorney and transferred the complainant's land to his

wife Narayani Devi. Prima facie, ingredients of offences under

Sections 420, 406 & 120B IPC have been established against the

accused petitioners.

In this background, I am of the opinion that it is not a fit

case warranting exercise of inherent powers conferred upon this

Court by Section 482 Cr.P.C. so as to quash the impugned FIR.

Accordingly, the misc. petition as well as the stay application are

dismissed as being devoid of merit.

(SANDEEP MEHTA),J 72-Sudhir Asopa/-

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