- (1.) The complainant has preferred the criminal miscellaneous petition No. 5755/2015 seeking fair investigation in FIR No. 22/2015 registered at Police Station Lalsot, Dausa for the offences under Sections 467, 468, 471 and 120B IPC. The accused has preferred the criminal miscellaneous petition No. 2943/2015 seeking quashing of FIR No. 22/2015 registered at Police Station Lalsot, Dausa for the offences under Sections 467, 468, 471 and 120B IPC. It is contended by the learned counsel for the complainant that the police has come to the conclusion that the offence is made out against the accused persons. A copy of the report dated 12.12.2018 is submitted before the court.
(2.) Learned Public Prosecutor has also submitted report dated 8.5.2019 wherein the police has come to the conclusion that the offences are made out. The accused petitioners have preferred the petition seeking quashing of FIR. It is contended by the learned counsel for the accused petitioners in criminal misc. petition No. 2943/2015 that the Patta was issued in favour of the ancestors of the accused petitioners on 6.9.2017. The complainant moved for the regularization of the said plot but no Patta has been issued in favour of the complainant.
(3.) A suit for eviction was filed by the ancestors of the accused petitioners and the said suit was decreed on 10.9.1982. The appeal was preferred by the complainant which was allowed and the suit was dismissed. The second appeal preferred on behalf of the accused was dismissed in default and the restoration also stands dismissed. The Apex Court has also dismissed the restoration on 13.10.2014. It is contended that the property was sold on 24.12.2014. Since accused petitioners were having title on the property, it is argued by the learned counsel for the petitioners that even if the suit for eviction has been dismissed, the accused petitioners continued to be the owners of the property as they have the Patta issued in their favour. Hence, the ingredients of the offences under Section 420, 467, 468, 471 and 120-B IPC is made out. ;