GOPAL LAL Vs. STATE OF RAJ.

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned Public Prosecutor.

(2.) Both these petitions have been filed with the prayer that FIR No. 5/97 lodged at Police Station, Khajuwala, District, Bikaner be quashed. It is, therefore, proper that both the petitions should be disposed of by a common order.

(3.) According to the petitioners, Shri Vijay Singh, has lodged the FIR No. 5/97 at Police Station, Khajuwala, District, Bikaner. The allegations in the FIR No. 5/97 are to the effect that in Chak No. 18 Kyo, murraba nos. 117/37 and 117/45. Crop was standing in 13 Bighas and 12 biswas and 6 Birhas 8 Biswas land vacant. The above mentioned land was in possession of the Tehsildar, Revenue. The Tehsildar had taken possession in pursuance of the order no. 259/96. It was further stated in the FIR that by order dated 12.9.1996. Rajasthan High Court, Jodhpur directed that the status quo be maintained up to 30.10.1996. In compliance of this order, the crop standing in the field was looked after. On 5.11.1996, when the complainant went to the above mentioned field, he found that Baldev Singh alongwith Loona Ram Meghwal and Birsa Singh had damaged the crop standing in 3 bighas of land. They had removed the crop from the field and handed over the same to Shri Baldev Singh who promised to sell the same and give 1/4th of the price to them. It was also mentioned in the FIR that a site plan was prepared. A prayer was made in the report that action be taken for the offence of theft which had been committed.