Sandeep Mehta, J. - (1.) Heard learned counsel for the parties.
(2.) The misc. petition has been filed on behalf of the petitioner seeking quashing of the criminal proceedings going on against him in the Court of Judicial Magistrate, First Class, Desuri, Pali in Criminal Case No. 474/2006 for offence under Section 432 I.P.C.
(3.) Counsel for the petitioner has submitted that in the case, the respondent No. 2 filed an F.I.R. at P.S. Rani on 27.7.1997 with the allegation that on Rani-Khimel Road, near the farm of the petitioner, there is a public canal as public way since ages. It has been alleged that the petitioner obstructed the said canal due to which the flow of water was obstructed and there was water logging in various places of Rani resulting into the properties belonging to number of people being damaged. On this report, F.I.R. No. 84/1997 was registered and investigation commenced. The police after conclusion of the investigation came to a finding that no obstruction has been made by the petitioner to any public canal and water logging was on court of excessive rains which took place that year. A finding was also arrive at that Khasra No. 369/722 was Khatedari land of the petitioner which has been converted into urban land and as per the revenue record, there was no passage or canal through the said land. The police also found that on a site inspection being made, no obstruction of any flow of water was found in the premises of the petitioner and that the case of water logging was that the Railway has constructed broad gauge lines just before the rains due to which lot of construction material was lying at the site which caused obstruction in the flow of water resulting into water logging. It was also found that the respondent No. 2's land was just adjacent to the petitioner's land and the respondent No. 2 wanted that a road should be taken out from the petitioner's land so that the value of the respondent No. 2's land increases. The said final report giving detailed reasonings was submitted before the Court blow took cognizance against the petitioner for offence under Section 432 I.P.C. without giving any reference to the reasons of the police given in the final report.;