Rajasthan High Court - Jodhpur
Pradeep Vyas vs State Of Rajasthan on 15 December, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7353/2022
1. Pradeep Vyas S/o Murli Manohar Vyas, Aged About 50
Years, R/o Brahmano Ki Sareri, Tehsil Asind, District
Bhilwara, The Then Sarpanch, Gram Panchayat Brahmano
Ki Sareri, Tehsil Asind, District Bhilwara.
2. Nemi Chand Sharma S/o Ladu Ram Sharma, Aged About
54 Years, R/o Village Jaliya - Ii, Vijay Nagar, Ajmer , The
Then Secretary, Gram Panchayat Brahmano Ki Sareri,
Tehsil Asind, District Bhilwara.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Ram Swaroop Ojha S/o Balu Ram Ojha, R/o Brahmano Ki
Sareri, Tehsil Asind, District Bhilwara, Presently R/o
A/375, Opposite Asarva Service Center, Rama Vihar,
Bhilwara.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 7354/2022
1. Pradeep Vyas S/o Murli Manohar, Aged About 50 Years, R/
o Brahmano Ki Sareri, Tehsil Asind, Dist. Bhilwara, The
Then Sarpanch, Gram Panchayat Brahmano Ki Sareri,
Tehsil Asind, Dist. Bhilwara.
2. Nemi Chand Sharma S/o Ladu Ram Sharma, Aged About
54 Years, R/o Village Jaliya - Ii, Vijay Nagar, Ajmer, The
Then Secretary, Gram Panchayat Brahmano Ki Sareri,
Tehsil Asind, Dist. Bhilwara..
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Ram Swaroop Ojha S/o Balu Ram Ojha, R/o Brahmano Ki
Sareri, Tehsil Asind, Dist. Bhilwara, Presently R/o A/375,
Opposite Asarva Service Center, Rama Vihar, Bhilwara.
----Respondents
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG
assisted by Mr. A.R. Malkani
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/12/2022
In S.B. Criminal Misc(Pet.) No. 7353/2022:-
This criminal misc. petition has been preferred under Section
482 Cr.P.C. claiming the following reliefs:-
(2 of 5) [CRLMP-7353/2022]
"It is, therefore, most respectfully prayed on
behalf of petitioners that the Cr. Misc. Petition may
kindly be allowed and the entire proceeding arising
out of FIR No.245/2017 of Police Station CPS Anti
Corruption Bureau, Jaipur, Chowki, Bhilwara-I may
kindly be quashed and set aside."
Learned counsel for the petitioners submits that allegation in
the present case is that Sikhwal Samaj was issued illegal 'patta'
on 20.10.2004. Learned counsel for the petitioners submits that
the petitioner No.1 was Sarpanch and petitioner No.2 was Gram
Sevak at that time.
Learned counsel for the petitioners further submits that
against illegal 'patta' a revision petition was preferred before the
Additional District Collector, Bhilwara and vide judgment dated
22.12.2016 'patta' so issued for Sikhwal Samaj was cancelled on
the ground that it was unlawfully issued.
Learned counsel for the petitioners further submits that to
recap the dispute of 2004, particularly, when the 'patta' in
question has already been set aside by the competent Court way
back in 2016, is a belated step to implicate the present
petitioners.
Learned Additional Advocate General fairly admits the factual
matrix stated by the counsel for the petitioners. Thus, it is
undisputed that the dispute in question arose in 2004 and was
settled by cancellation of 'patta' in 2016, whereas the FIR was
lodged in the year 2017. The factual report furnished by learned
Additional Advocate General indicates the same fact.
The said factual report is taken on record.
On perusal of the factual report, this Court does not find any
allegation, which pertains to any illegal gratification or any kind of
(3 of 5) [CRLMP-7353/2022]
apparent mala fide on the part of the present petitioners. The
factual matrix of the case denotes that the 'patta' issued is
contrary to the rules and procedure.
This Court on conjoint consideration of the fact that the
'patta' was issued in 2004, the 'patta' was cancelled by the
competent Court in 2016, the FIR was lodged in 2017 and the
other facts involved, finds that the factual matrix of the case do
not indicate any direct allegation against the present petitioners
except for acting contrary to rules.
Thus, this court is satisfied that it is fit case for interference.
Accordingly, the present misc. petition is allowed and the FIR
No.245/2017 registered at Police Station CPS Anti Corruption
Bureau, Jaipur, Chowki, Bhilwara-I alongwith entire proceedings
arising pursuant thereto is hereby quashed.
In S.B. Criminal Misc(Pet.) No. 7354/2022:-
This criminal misc. petition has been preferred under Section
482 Cr.P.C. claiming the following reliefs:-
"It is, therefore, most respectfully prayed on
behalf of petitioners that the Cr. Misc. Petition may
kindly be allowed and the entire proceeding arising
out of FIR No.250/2017 of Police Station CPS Anti
Corruption Bureau, Jaipur, Chowki, Bhilwara-I may
kindly be quashed and set aside."
Learned counsel for the petitioners submits that allegation in
the present case is that Saraswat Samaj was issued illegal 'patta'
on 06.12.2004. Learned counsel for the petitioners submits that
the petitioner No.1 was Sarpanch and petitioner No.2 was Gram
Sevak at that time.
(4 of 5) [CRLMP-7353/2022]
Learned counsel for the petitioners further submits that
against illegal 'patta' a revision petition was preferred before the
Additional District Collector, Bhilwara and vide judgment dated
22.12.2016 'patta' so issued for Saraswat Samaj was cancelled on
the ground that it was unlawfully issued.
Learned counsel for the petitioners further submits that to
recap the dispute of 2004, particularly, when the 'patta' in
question has already been set aside by the competent Court way
back in 2016, is a belated step to implicate the present
petitioners.
Learned Additional Advocate General fairly admits the factual
matrix stated by the counsel for the petitioners. Thus, it is
undisputed that the dispute in question arose in 2004 and was
settled by cancellation of 'patta' in 2016, whereas the FIR was
lodged in the year 2017. The factual report furnished by learned
Additional Advocate General indicates the same fact.
The said factual report is taken on record.
On perusal of the factual report, this Court does not find any
allegation, which pertains to any illegal gratification or any kind of
apparent mala fide on the part of the present petitioners. The
factual matrix of the case denotes that the 'patta' issued is
contrary to the rules and procedure.
This Court on conjoint consideration of the fact that the
'patta' was issued in 2004, the 'patta' was cancelled by the
competent Court in 2016, the FIR was lodged in 2017 and the
other facts involved, finds that the factual matrix of the case do
not indicate any direct allegation against the present petitioners
except for acting contrary to rules.
Thus, this court is satisfied that it is fit case for interference.
(5 of 5) [CRLMP-7353/2022]
Accordingly, the present misc. petition is allowed and the FIR
No.250/2017 registered at Police Station CPS Anti Corruption
Bureau, Jaipur, Chowki, Bhilwara-I alongwith entire proceedings
arising pursuant thereto is hereby quashed.
(DR.PUSHPENDRA SINGH BHATI),J
22-23-Nirmala/-
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