Saddique Khan And Ors vs State And Ors
2022 Latest Caselaw 14205 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR


              S.B. Criminal Misc(Pet.) No. 3670/2015

Saddique Khan And Ors.
                                                                  ----Petitioner
                                   Versus


State And Ors.
                                                                ----Respondent



For Petitioner(s)        :     Mr. JK Suthar.
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP
                               Mr. Surendra Thanvi.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

02/12/2022

     Learned counsel for the respondents has drawn attention of

this Court towards the judgment passed by this Court in Gulab

Sarifh & Ors. Vs. State of Rajasthan & Ors. (S.B. Criminal

Misc. Petition No.4220/2017), decided on 20.02.2019, the

order dated 20.02.2019 reads as follows:-


     "1.   Counsel for the respondent points out from order
     dated 08.10.2013 passed by learned Revenue Authority
     that stay is operating in favour of petitioners regarding
     Khasra No.416/6 on        an application filed under Section
     212 of the Rajasthan Tenancy Act.
     2.    At the outset, learned counsel for the petitioner
     submits that the petitioners shall not lay any claim over
     Khasra No.416/6 and shall render his co-operation for




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     the order dated 8.10.2013 to be vacated to the extent it
     pertains to Khasra No.416/6.
     3.      In light of such limited submission, learned counsel
     for the respondent agrees that the FIR was lodged just
     to overcome the revenue proceedings pertaining to
     Khasra No.416/6 in order dated 8.10.2013.
     4.      Perused the investigation report.
     5.      The investigation report furnished by I.O. is not
     satisfactory. This Court is of the view that allegation
     regarding Khasra No.416/6 cannot be maintained as the
     petitioners themselves are not claiming the same and the
     respondents categorically state that they have no dispute
     beyond that.
     6.      Thus, with the consent of counsel for the parties,
     the misc. petition is allowed. FIR No.105/2017, P.S.
     Chhatargarh, District Bikaner lodged qua the petitioners
     for the offence under Sections 420, 467, 468, 471 & 120-
     B IPC is quashed and set aside in light of undertaking
     given counsel for the petitioner that the petitioners does
     not claim any right over Khasra No.416/6 and acceptance
     of the respondent to close the criminal proceedings upon
     such undertaking.        It shall be open for the parties to
     move      to   the   Tehsildar      concerned         for    appropriate
     demarcation of land and the Tehsildar in turn shall make
     such demarcation as per rights of the parties preferably
     within three months from the date of receipt of certified
     copy of this order. The parties shall be bound by their
     stand before this Court regarding the dispute in hand."

     In light of the aforesaid order and with the consent of both

the parties, the present misc. petition is allowed and impugned

order dated 14.12.2015 passed by learned Additional Sessions

Judge No.2, Bikaner in Criminal Revision Petition No.39/2015 as

well as the order dated 01.08.2015 passed by learned Sub

Divisional   Magistrate, Chhatargarh,               District Bikaner      in Case




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                                   No.07/2015 are quashed and set aside. The record of the learned

                                   Trial Court be sent back forthwith.

                                         All pending application applications stand disposed of.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

85-jitender/-

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