HARLAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2015-1-33
HIGH COURT OF RAJASTHAN
Decided on January 12,2015

HARLAL Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under section 482 CrPC has been filed by the petitioner being aggrieved with the order dated 28.04.2014 passed by Additional Sessions Judge, Churu (for short 'the revisional court' hereinafter) in Cr. Revision Petition No. 9/12 (191/2011), whereby the revision petition filed by the petitioner has been dismissed with cost of Rs. 25,000/ -.
(2.) THE above mentioned revision petition was preferred by the petitioner against the order dated 19.08.2011 passed by the Chief Judicial Magistrate, Churu (for short 'the trial court' hereinafter), whereby the trial court has accepted the FR No. 98/2009 (FIR No. 194/2009, Police Station, Kotwali, Churu) filed by the police and rejected the protest petition filed by the petitioner. Brief facts of the case are that the petitioner has filed a complaint before the trial court while alleging that a Government land situated in town Churu was misappropriated by the private respondents on the basis of forged documents and, therefore, they have committed offences punishable under sections 419, 420, 467, 468, 471 IPC read with section 3 of PDPP Act. The said complaint was sent by the Magistrate under section 156(3) CrPC for investigation to the police, however, the police, after thorough investigation, has filed negative final report while concluding that the land belongs to the family of one Magraj as he had received the said land from his ancestors. It has also been concluded by the police that wife and sons of Magraj have thereafter inherited the said property and sold it to the private respondents and, therefore, no offence as alleged in the complaint has been committed by the persons named in the complaint.
(3.) THE trial court, after thoroughly discussing the material collected by the police, during the course of investigation, has accepted the final report and rejected the protest petition filed by the petitioner.;


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