Prakash Tatia, J. - (1.) This Misc. Petition has been preferred for quashing the FIR NO.22/04 on the basis of which the SHO of Police Station, Mandli District Barmer is seeking to investigate the matter of commission of offence under Section 447 IPC and Section 3(1)(v)(x) of the SC/ST Act.
(2.) According to the learned counsel for the petitioner, it is clear from the FIR itself that even if the entire allegations levelled in the FIR are accepted to be correct then the allegations do not constitute the commission of any offence by the accused persons for which the police could have taken cognizance for investigating the matter.
(3.) It appears from the facts of the case that the FIR was lodged by one Bhika Ram on 2.4.2004 in the Police Station Mandli of District Barmer.In the FIR it is alleged that the complainant has its own Patta sud house and plot at Meghwalo-ka-bas. In the western side of this property, there is property of Avad Dan s/o Prithvi Dan which includes his house and plot. In the month of January, 2004, the accused Avad Dan started construction of his house. On 23.3.2004 when the complainant was at Balotra then his widow mother and wife were at the residence in the village. The accused Avad Dan tried to remove fence of the complainant's house to raise construction for his house. When complainant's mother and wife obstructed in that, then the accused Avad Dan s/o Prithvi Dan, Chandra Dan s/o Pridhvi Dan and Dalpat Dan s/o Banney Dan Charan abused his mother and wife and pushed them away.;