Mander Singh vs State Of Rajasthan
2021 Latest Caselaw 15456 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1934/2021

1. Mander Singh S/o Mala Singh, Aged About 69 Years, R/o Mohanpura, 8 Y, Tehsil And District Sriganganagar (Rajasthan).

2. Baljinder Singh S/o Jagtar Singh, Aged About 42 Years, 77Lnp, Tehsil Padampur, District Sri Ganganagar.

----Petitioners Versus

1. State Of Rajasthan, through PP

2. Guddi @ Kulwant Kaur D/o Shri Jangir Singh W/o Sita Singh, 46 Gg, Tehsil Padampur, District Sriganganagar, At Present Resident Of Kewlanwali Dhani, Tehsil Pilibangan, District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Rajesh Saharan For Respondent(s) : Mr. Kuldeep Sharma Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

05/10/2021

1. Petitioners have preferred this Criminal Misc. Petition seeking

quashing of FIR No.221/2020, registered at Police Station

Padampur, District Sri Ganganagar.

2. It is contended by counsel for the petitioners that a civil suit

for specific performance was filed by the petitioners and to

counterblast the same, present FIR has been lodged. It is also

contended that where a civil suit is pending, criminal proceedings

should not be permitted to continue.

3. Counsel for the petitioners has placed reliance on

Commissioner of Police & Ors. vs. Devender Anand & Ors.

(2 of 2) [CRLMP-1934/2021]

(2019) 7 Supreme 593, Ahmad Ali Quraishi vs. State of

Uttar Pradesh (2020) 1 Crimes (SC) 134 and Archana Rana

vs. State of Uttar Pradesh & Anr. in Criminal Appeal

No.167/2021 decided by the Apex Court on 01.03.2021.

4. Counsel for the complainant has opposed the misc. petition.

It is contended that petitioners have forged the document and

have created a forged agreement to sale to grab the property of

the complainant. It is contended that merely because a civil suit is

filed, criminal proceedings cannot be stalled.

5. Learned Public Prosecutor has submitted that police has

already filed charge-sheet against the petitioners. Stamp number

on the stamp paper was not found in the register. In addition, the

Notary Public was also not traceable.

6. I have considered the contentions.

7. FIR prima facie discloses commission of a cognizable offence.

Police after due investigation has come to the conclusion that

stamp was forged and the forged agreement to sale was created

by the petitioners to grab the property of the complainant. The

judgment cited by counsel for the petitioners cannot be applied to

this case as police has come to the conclusion that forgery has

been committed by the petitioners.

8. In view of the above, I do not find any force in the misc.

petition and the same is accordingly, dismissed.

9. Stay application stands disposed.

(PANKAJ BHANDARI),J chandan/18

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