Shanker Lal vs State And Ors. ...
2023 Latest Caselaw 2386 Raj

[2023/RJJD/007282]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3341/2016

Shankar Lal S/o Shri Kashi Ram, Village Kalu, Tehsil Lunkaransar, District Bikaner

----Petitioner Versus

1. State Of Rajasthan

2. Suresh Kumar S/o Shri Gopal Chand, Village Kalu, Tehsil Lunkaransar, District Bikaner

3. Paima Ram Dogiwal S/o Shri Kalu Ram, Village Kalu, Tehsil Lunkaransar, District Bikaner

4. Sant Das S/o Shri Ishar Das, Village Kalu, Tehsil Lunkaransar, District Bikaner

5. Jethmal S/o Shri Kanhaiya Lal, Village Kalu, Tehsil Lunkaransar, District Bikaner

----Respondents

For Petitioner(s) : Mr. H.S. Shrimali For Respondent(s) : Mr. Vikram Sharma, PP Mr. Anil Kumar Singh

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

22/03/2023

Instant misc. petition has been filed against the order dated

09.08.2016 passed by learned Additional District & Sessions Judge

No.1, Bikaner whereby the learned Judge dismissed the revision

petition and affirmed the order dated 07.04.2015 passed by

Additional Chief Judicial Magistrate No.2, Bikaner accepting the FR

filed by the police in FIR No. 416/2013.

Brief facts of the case are that the complainant Shankar

submitted a complaint before the Judicial Magistrate to the effect

that the petitioner's name is entered in the revenue record

[2023/RJJD/007282] (2 of 3) [CRLMP-3341/2016]

withregard to land in Khasra No. 2438/1961 ad measuring 24.14

bigha. It is alleged that the accused forged a power of attorney

and fraudulently transferred the land to acused Jethmal. The said

complaint was sent for investigation under Section 156(3) Cr.P.C.

to the concerned police station. the police registered the cased

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

against the accused respondents. The petitioner filed a protest

petition in which statement of the complainant Shankar lal were

recorded under Section 200 Cr.P.C. After recording of the

statement, the court of Additional Chief Judicial Magistrate,

Bikaner accepted the Final Report and rejected the protest petition

vide order dated 07.04.2015. The petitioner filed a revision

petition against the said order before the Additional District &

Sessions Judge No.1, Bikaner which too was dismissed vide order

dated 09.08.2016.

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. It is argued

that the complainant petitioner in his statement under Section 161

Cr.P.C. as well as in the court statement under Section 200 Cr.P.C.

has specifically stated that the respondent accused Suresh

misused the power attorney executed by him and sold the land of

the petitioner. Therefore, it is prayed that the matter may be

remanded back to the trial court for passing a fresh order in

accordance with law.

Learned Public Prosecutor and counsel for the respondent

accused Mr. Anil Kumar Singh supported the impugned orders and

submitted that both the courts below have discussed each and

[2023/RJJD/007282] (3 of 3) [CRLMP-3341/2016]

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. Learned Additional Chief Judicial

Magistrate No.2, Bikaner after considering the Final report

submitted by the police, rejected the protest petition. The revision

petition filed by the petitioner also came to be dismissed by the

Additional District & Sessions Judge No.1, Bikaner 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 07.04.2015 & 09.08.2016. Hence, this misc. petition

is hereby dismissed.

(MANOJ KUMAR GARG),J 152-BJSH/-

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