Rajasthan High Court - Jodhpur
Gangabishan vs State on 10 February, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4882/2019
Gangabishan S/o Sh. Bhuraram, Aged About 55 Years, B/c
Bishnoi, R/o Salundiya, Teh. Nokha, Dist. Bikaner (Raj.)
----Petitioner
Versus
1. State, Through Pp
2. Krishna Lal @ Kishana Ram S/o Sh. Ram Chandra, B/c
Bishnoi, R/o Surpura, Teh. Nokha, Dist. Bikaner.
----Respondents
For Petitioner(s) : Mr. Deepak Bansal
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
10/02/2022
This criminal misc. petition under Section 482 Cr.P.C. has
been preferred on behalf of the petitioner being aggrieved with the
order dated 07.08.2019 passed by the Additional Sessions Judge,
Raisinghnagar, District Sriganganagar (for short 'the revisional
court') whereby, the revisional court has dismissed the revision
petition filed by the petitioner.
The said revision petition was preferred by the petitioner
being aggrieved with the order dated 07.04.2016 passed by the
Chief Judicial Magistrate, Raisinghnagar, District Sriganganagar
(for short 'the trial court'), whereby the complaint filed by the
petitioner for the offence punishable under Sections 419, 420,
467, 468, 471 and 120-B IPC has been dismissed and the
negative final report submitted by the police has been accepted by
the trial court.
The petitioner has filed a complainant before the trial court
alleging therein that the respondent No.2 has prepared forged
(2 of 3) [CRLMP-4882/2019]
death certificates of his grand-father and grand-mother namely
Ram Chandra and Lakha Devi respectively and on the basis of
which, he got the revenue land recorded in his favour, which was
recorded in the name of deceased persons.
The trial court after taking into consideration the death
certificates issued by the concerned Gram Panchayat has observed
that the petitioner has failed to provide information as to when
Ram Chandra and Lakha Devi died and how the death certificates
issued by the concerned Gram Panchayat are forged one. The trial
court has held that in the absence of any such evidence produced
by the petitioner that the death of Ram Chandra and Lakha Devi
took place on a date, other than the date which is mentioned in
the death certificates issued by the concerned Gram Panchayat,
the police has rightly filed the negative final report in the matter
with the conclusion that there is no force in the complaint filed by
the petitioner.
The revisional court has also affirmed the findings arrived at
by the trial court.
Having heard learned counsel for the parties and after going
through the record of the trial court, this Court is of view that in
the absence of any proof submitted by the petitioner regarding the
date of death of Ram Chandra and Lakha Devi, the trial court as
well as the revisional court have rightly arrived at the conclusion
that simply on the basis of statement of the petitioner, it cannot
be assumed that the death certificates of the deceased persons
issued by the concerned Gram Panchayat are forged one.
In such circumstances, I do not find any case for interference
in this criminal misc. petition.
(3 of 3) [CRLMP-4882/2019]
Otherwise also, this criminal misc. petition, though filed while
invoking powers of this Court under Section 482 Cr.P.C. but in fact
it is a second revision petition, which is clearly barred as per
Section 397(3) Cr.P.C.
Hence, this criminal misc. petition being devoid of merit is
hereby dismissed. Stay petition is also dismissed.
(VIJAY BISHNOI),J
1-Arun/-
Powered by TCPDF (www.tcpdf.org)
