SAURABH GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-Petitioner, Saurabh Gupta has approached this Court for quashing of FIR No.80/2013, registered at Police Station Ashok Nagar, Jaipur(South), for the offences under Sections 420, 467, 468, 471 and 120-B IPC.

(2.) This case has rather a chequered history, which is as under:-

(3.) One, Rashid Khan claims to be the son of Daud Khan, who was a General under the Maharaja of Jaipur, Sawai Mansingh II. It is claimed by Rashid Khan that since the Maharaja was pleased with his father's services, he allotted a piece of land, bearing Bungalow No.39, Residency Rajmahal, Jaipur, on 01.01.1950 to his father. He further claimed that he has a letter of allotment, which was duly signed by the Maharaja, on stamp of two Annas, of the erstwhile Jaypore Riyasat. Subsequently, his father expired on 06.04.1970 and his mother expired on 25.04.1996. Thus, he claims to be their only heir and to be in the possession of the said property. According to the petitioner, he purchased the said property from Mr. Rashid Khan through a registered sale deed, dated 22.01.2013. Thus, he is the owner of the said property. However, on 19.02.2013 two persons, namely Narendra Singh and Shakti Singh trespassed on the said property and damaged it. Therefore, on 21.02.2013, the petitioner lodged a report at Police Station Ashok Nagar, Jaipur against Narendra Singh and Shakti Singh. On the basis of the said report, the police chalked out a formal FIR, namely FIR No.79/2013, for the offences under Sections 452, 427 and 323 IPC. The petitioner also filed a civil suit for permanent injunction against Narendra Singh and Shakti Singh, wherein he prayed that they should be restrained from interferring in his peaceful enjoyment of the property. After hearing both the parties, by order dated 09.05.2013, the Additional Civil Judge No.2, Jaipur Metropolitan, Jaipur passed an order of status quo.