VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners with the prayer for quashing the F.I.R. No. 14/2013 pertaining to Police Station Sadar Bikaner, District Bikaner.
(2.) The learned Counsel for the petitioners has submitted that the allegations levelled in the F.I.R. do not constitute a prima facie case against the petitioners for the offences punishable under sections 419, 420, 467, 468, 471, 120B and 209 I.P.C. It is also contended by learned Counsel for the petitioners that the petitioners have filed a suit for specific performance of contract in the Civil Court on the strength of an agreement to sell executed by one Shanti Das Binnani and the same is pending before the Civil Court. It is further contended that despite pendency of civil suit filed by the petitioners, the complainant being a power of attorney holder of Shanti Das Binnani has filed this false F.I.R. alleging preparation of forge agreement to sell dated 27.8.2009. It is contended by the learned Counsel for the petitioners that when the agreement to sell in question is subject matter of civil litigation, no criminal prosecution can be launched against the petitioners in respect of the said agreement to sell. On the strength of these arguments, the learned Counsel for the petitioners has prayed for quashing of the impugned F.I.R.
(3.) Per contra, the learned Public Prosecutor has submitted the factual report prepared by the S.H.O., Police Station Sadar, Bikaner dated 6.3.2014 and has argued that the police after thorough investigation has found that the petitioners have prepared a forged agreement to sell purported to be executed by the Shanti Das Binnani with intention to grab the piece of land belonging to Shanti Das Binnani. It is also argued by the learned Public Prosecutor that the original agreement to sell was not produced by the petitioners during the course of investigation or before the Civil Court and the police after thorough investigation found prima facie case against the petitioners. The learned Public Prosecutor has, therefore, prayed for dismissal of this criminal misc. petition.;