Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No. 77/2014 dated 01.08.2014 of Police Station, Sandwa, District Churu for the offences punishable under sections 379 and 427 IPC.
(2.) BRIEF facts of the case are that respondent No. 2 Sugan Chand, Patwari of area concerned has lodged a complaint under the directions of the Tehsildar Bidasar while alleging that there is a tree of Khejri (Prosopis Cineraria) in village Berasar and the accused persons cut its branches and took them away. On the basis of the said report, the police has registered the FIR No. 77/2014, contents of which are as follows: The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the impugned FIR. It is submitted that the said Khejri (Prosopis Cineraria) tree is situated adjacent to the residential house of the petitioners and due to storm, its branches broke down and fell into the house of the petitioners about eight months back from the date of filing of the FIR. It is contended that the petitioners have not committed any theft or mischief causing damage to the amount of Rs. 50/ - or above and from bare reading of the FIR, the offence of commission of theft or mischief causing damage to the amount of Rs. 50/ - is not made out. It is also contended that the FIR has been lodged at the instance of the political opponents of the petitioners and they have been implicated due to malafide, therefore, the impugned FIR is liable to be quashed.
(3.) LEARNED Public Prosecutor has opposed the prayer of the learned counsel for the petitioner for quashing the FIR and argued that from bare reading of the contents of the FIR, a prima facie case is made out against the petitioners, therefore, no case for quashing the FIR is made out.;