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2016 DAILYLAW 1895 (RAJ)

NANAG RAM MAHAVAR AND ANR v. STATE OF RAJASTHAN AND ANR

CRLMP/3281/2016 · 2026-03-17

Anoop Kumar Dhand

body2016

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.3281/2016 1. Nanag Ram Mahavar, son of Shri Jai Ram, 2. Rohit Mahavar, son of Nanag Ram Mahavar, both residents of House No.46, Narayan Vihar, IInd, Rampura Road, Sanganer, District Jaipur (Raj.) ----Accused-Petitioners Versus 1. State of Rajasthan, through Public Prosecutor. ----Non-Petitioner 2. Smt. Hemlata Verma, wife of Kuldeep Verma, resident of House No.20, Narayan Vihar, IInd, Rampura Road, Police Station Muhana, Jaipur (Raj.) ----Complainant-Non-Petitioner For Petitioner(s) : Mr.Devendra Chahuan For Respondent(s) : Mr.Shree Ram Dhakar, PP Mr.N.S. Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 17/03/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing the impugned F.I.R. No.364/2016 registered at the Police Station Muhana, District Jaipur South for the offences registered under Sections 420, 406, 467, 468, 471, 354 & 120-B IPC. 2. Learned counsel for the petitioners submits that in fact, the subject house was sold by the complainant to the petitioners by way of an agreement on 23.08.2015 and on the basis of the same, the allotment was transferred in favour of the petitioners. Counsel submits that at a later stage, a concocted story was created by the complainant, wherein it has been alleged that on (2 of 2) [CRLMP-3281/2016] the pretext of granting the loan, the original documents of the subject property were taken and the same was misused in personal interest of the accused. 3. Counsel submits that the petitioners are the bona fide purchasers and they have not committed any offence whatsoever and in spite of the above, they have been falsely implicated in the instant case, hence, under these circumstances, interference of this Court is warranted. 4. Per contra, learned Public Prosecutor opposes the prayer. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Perusal of the impugned F.I.R. and the allegations levelled therein reveals commission of a cognizable offence, however, the correctness of the allegations levelled against the petitioners cannot be examined, adjudged and adjudicated by this Court while invoking inherent jurisdiction under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Agency. 7. This Court deems it just and proper to dispose of the instant petition granting liberty to the petitioners to file a representation along-with the documents in support of his contentions before the Investigating Officer, who will consider the same and conduct his investigation as per law and submit the report of investigation under Section 173 Cr.P.C. before the competent Court of law. 8. With the aforesaid observation, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /29