Harish vs State Of Rajasthan ...
2023 Latest Caselaw 3331 Raj

[2023/RJJD/011113]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 316/2022

Harish S/o Amarji, Aged About 41 Years, R/o Village Talwada, Police Station Sadar, Banswar, District Banswara.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Maheshchandra Joshi S/o Jawahar Lal Joshi, R/o Village Talwada, Tehsil And District Banswara.

3. Suresh S/o Jawahar Lal Joshi, R/o Village Talwada, Tehsil And District Banswara.

4. Gajanand Joshi S/o Jawahar Lal Joshi, R/o Village Talwada, Tehsil And District Banswara.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. B.S. Mertia
For Respondent(s)           :     Mr. Vikram Sharma, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                   Judgment

20/04/2023

Instant misc. petition has been filed against the order dated

01.09.2021 passed by learned Addl. Sessions Judge, Banswara

whereby the learned Judge dismissed the revision petition and

affirmed the order dated 17.09.2013 passed by learned Additional

Chief Judicial Magistrate, Banswara accepting the FR filed by the

police in FIR No. 129/2011.

Brief facts of the case are that the complainant filed a

complaint before the Additional Chief Judicial Magistrate,

Banswara to the effect that complainant belongs to Scheduled

Tribe and the complainant and his brother are having ownership

and possession of land bearing Khasra NO. 2757/2 measuring 1

[2023/RJJD/011113] (2 of 3) [CRLMP-316/2022]

bigha 4 biswa situated in village Talwada. The mother of

complainant sold the land 30x70 ft to the respondent accused

persons in the year 1983. However, the accused dishonestly got

the sale deed registered on 05.03.1983 mentioning 30x120 ft

instead of 30x70 ft. The aforesaid complaint was sent to the Police

station, Sadar, Banswara for investigation under Section 156(3)

Cr.P.C. The police registered the case being FIR No. 129/2011 and

after investigation, submitted FR that no case is made out against

the accused respondents. After considering the evidence collected

during investigation and recording statement of witnesses under

Section 200 Cr.P.C, the trial court accepted the Final Report and

rejected the protest petition vide order dated 17.09.2012. The

petitioner filed a revision petition against the said order before the

learned Addl. Sessions Judge, Banswara which too was dismissed

vide order dated 01.09.2021.

Counsel for the petitioner submits that without considering

the material aspect of the matter, the trial court mechanically

rejected the protest petition filed by the petitioner only on the

ground that civil suit is pending between the parties. It is argued

that on the basis of statement of the complainant, a prima facie

case is clearly made out against the accused respondent. It is

argued that the petitioner has clearly stated in his statement

under Section 200 Cr.P.C. that the accused respondent dishonestly

got the land measuring 30 x 120 ft registered in their name

whereas only 74 ft land on north side was converted and sold to

the respondents. It is argued that the investigating officer has not

investigated the matter in correct perspective and therefore, it is

[2023/RJJD/011113] (3 of 3) [CRLMP-316/2022]

prayed that the matter may be remanded back to the trial court

for passing a fresh order in accordance with law.

Learned Public Prosecutor supported the impugned orders

and submitted that both the courts below have discussed each and

every aspect of the matter and have rightly rejected the protest

petition and revision petition respectively, which does not called

for any interference.

Heard the learned counsel for the parties and perused the

orders impugned so also the record.

It is not disputed that after thorough investigation, the police

submitted a final report to the effect that no case is made out

against the respondents as the petitioner failed to make out a

prima facie case against the respondent. Learned Additional Chief

Judicial Magistrate, Banswara after considering the Final report

submitted by the police, rejected the protest petition on the said

ground. The revision petition filed by the petitioner also came to

be dismissed by the learned Addl. Sessions Judge, Banswara by

way of a detailed order. In the opinion of this Court, no plausible

ground exists for disbelieving the negative Final report filed by the

police after thorough investigation. Learned court below after

considering the entire material on record, has accepted the Final

report filed by the police. There is no illegality or perversity in the

impugned orders dated 17.09.2013 & 01.09.2021. Hence, this

misc. petition is hereby dismissed.

(MANOJ KUMAR GARG),J 189-BJSH/-

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