Sandeep Mehta, J. - (1.) The instant misc. petition has been filed on behalf of the petitioner Smt. Geeta Bai, a lady aged about 80 years with a complaint that the Police Officers of the Police Station, Sojat Road, Distt. Pali have connived with certain persons and have managed to oust her from the house, of which, she was holding the possession a period in excess the last 25 years. Learned counsel submits that three F.I.Rs. have been registered in the matter, the first being F.I.R. No. 24/2012, registered on behalf of the petitioner, the second being F.I.R. No. 27/2012, registered by one Shri Gunwan Kumar and the third being F.I.R. No. 30/2012, again registered by the petitioner and the Police for the obvious reasons is not investigating the FIRs filed by the petitioner in the proper prospective because the Police Officers of the Police Station, Sojat Road, Distt. Pali are themselves accused in the F.I.R. filed by the petitioner being F.I.R. No. 30/2012. Learned counsel submits that the F.I.R. was filed was back on 15.3.2012 with serious allegations of abduction of an old lady for the purpose of providing means to the aforesaid Shri Gunwan Kumar for dispossessing her from the house and for theft of her articles, but till date, despite lapse of nearly four months, no progress has been made in the F.I.R. learned counsel for the petitioner submits that admittedly the petitioner was in possession of the house located at the village Manda, Tehsil Marwar Junction, Police Station Sojat Road, Distt. Pali since a period in excess of two decades. Learned counsel submits that the first informant in F.I.R. No. 27/2012 Shri Gunwan Kumar who claims himself to be the owner of the house (in the petitioner's possession) is a moneyed man and, therefore, he connived with the Police Officers and managed to forcibly and illegally oust the petitioner from the house with the aid of the Police Officers. Learned counsel further submits that fair investigation was not carried out on the F.I.R. being filed by the petitioner bearing F.I.R. No. 24/2012, registered at the Police Station Sojat Road, Distt. Pali and instead, the Police Officers procured an F.I.R. from Shri Gunwan Kumar, who was trying to dispossess the petitioner from the house and, thereafter, the Investigating Officer came to the petitioner's house and the petitioner who is a 80 years' old frail lady was deliberately and malafidehj arrested in the concocted proceedings under Section 151 Cr.P.C. on 4.3.2012 with absolutely fictitious allegations and then whilst she was in custody, the possession of the house was given to Shri Gunwan Kumar by the Police Officers, and he in turn demolished the same and raised a wall around the property.
(2.) Heard learned counsel for the petitioner, learned Public Prosecutor and considered the documents annexed to the misc. petition.
(3.) A perusal of the record reveals that the police went with the preparation to remove the petitioner from the premises because a female constable was also taken with them. Apparently, the proceedings which have been carried out by the police smacks of mala fides. The Petitioner upon being examined in relation to the F.I.R. No. 24/2012, registered at Police Station Sojat Road, Distt. Pali has clearly stated that the wife of one Om Prakash requested her to vacate the house, to which, she refused on the ground that the person who was asking her to sign the documents was not the owner of the house. The petitioner has dearly stated that she did not sign the blank papers, on which, her thumb impressions were attempted to be taken. While no effective investigation was done on the petitioner's F.I.R., at the same time, the F.I.R. No. 27/2012 dated 3.3.2012 filed by Shri Gunwan Kumar was proceeded with great speed without there being any document on the record to show that Shri Gunwan Kumar was having any title or claim to the house. The receipt on the basis whereof the possession of the house is claimed by Gunwan Kumar admittedly does not bear the petitioner's verification and the Investigating Officer Shri Vasudeo Singh present in the Court admits that till date there is no document on the record, from which, it can be inferred that Shri Gunwan Kumar has any right or title to the house.;