Rajasthan High Court
Heera And Ors vs State Of Rajasthan And Anr on 14 August, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:34443]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5318/2015
1. Heera Son of Kishna
2. Mana Wife of Heera
3. Kani Wife of Kishna
4. Kailash Son of Heera Lal
5. Ramotar Son of Heera Lal
6. Kesha Ram @ Mukesh Son of Heera Lal
7. Rameshwar Son of Kishna
8. Bala Devi Wife of Kailash
9. Manbhari Wife of Rameshwar
10. Dhapli Wife of Chotu
11. Chotu Son of Sunda
All R/o Dariba Tehsil Neemka Thana, Distt. Sikar
----Petitioner
Versus
1. State Of Rajasthan
---Non-petitioner
2. Banshi Son of Prabhu, R/o Dariba Tehsil Neemka Thana, Distt.
Sikar
----Complainant non-petitioner
For Petitioner(s) : Mr. Rinesh Gupta, Adv.
For Respondent(s) : Mr. Mahendra Meena, PP
For Complainant(s) : Mr. Gagan Sharma, Adv. for
Mr. Sanjay Rahar, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 14/08/2024
This Criminal Miscellaneous Petition under Section 482 Cr.P.C.
for quashing the complaint No.47/12 and order dated 08.07.2015
passed by Additional Sessions Judge, Neem Ka Thana, District
Sikar, whereby the said court dismissed the revision petition and
affirmed the order dated 23.05.2013 passed by Additional Chief
[2024:RJ-JP:34443] (2 of 3) [CRLMP-5318/2015]
Judicial Magistrate No.1, Neem Ka Thana, District Sikar taking
cognizance against the petitioners for the offence under Sections
147, 447 and 427 IPC.
Learned counsel for the petitioners submits that there is long
dispute between the parties in connection with agriculture land of
Khasra Nos.1110 to 1113, 1117 to 1119, 1121 to 1129, 1138,
1139, 1390. In relation to the said agriculture land, the petitioners
filed a revenue suit for declaration and correction of record before
SDO, Neem Ka Thana, which was dismissed vide order dated
09.07.2001. Being aggrieved thereby, the petitioners filed an
appeal before Revenue Appellate Authority, Sikar, who vide its
judgment dated 02.08.2003 allowed the appeal and set aside the
order dated 09.07.2001 passed by the trial court and decreed the
petitioners' suit. Learned counsel for the petitioners also submits
that complainant lodged an FIR No.812/2011 at Police Station
Neem Ka Thana, District Sikar for the offence under Sections 147,
148, 447, 379 and 427 IPC in which after investigation, negative
final report was submitted by the Investigating Officer. Thereafter,
the complainant also submitted a complaint. The learned
Magistrate sent complaint for enquiry under Sections 200 and 202
Cr.P.C. in which police submitted a report that no offence was
found to have been made out. The trial court without considering
the facts took cognizance against the petitioners for the offence
under Sections 147, 447 and 427 IPC vide order dated
23.05.2013. Petitioners challenged the said order by way of
revision but revisional court dismissed the same vide order dated
08.07.2015.
[2024:RJ-JP:34443] (3 of 3) [CRLMP-5318/2015]
Learned counsel for the petitioners also submits that there
was no eye witness of occurrence. Revenue suit was pending
between the parties. Possession of the land is with the petitioners.
So, orders of the trial court as well as revisional court be set
aside.
Learned counsel for the respondent No.2 pleads no
instructions in this matter.
I have considered the arguments advanced by learned
counsel for the petitioners and perused the impugned orders.
It is an admitted position that revenue suit is pending
between the parties. So, in my considered opinion, trial court had
committed error in taking the cognizance against the petitioners
for the offence under Sections 147, 447 and 427 IPC and
revisional court also committed error in dismissing the revision
filed by the petitioners. So, petition filed by the petitioners,
deserves to be allowed.
Accordingly, the Criminal Miscellaneous Petition is allowed.
The order dated 23.05.2013 passed by the trial court taking
cognizance against the petitioners for the offence under Sections
147, 447 and 427 IPC and the order dated 08.07.2015 passed by
revisional court are set aside.
(NARENDRA SINGH DHADDHA),J
Jatin /71
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