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2025 DAILYLAW 23865 (RAJ)

DHANPHOOL SON OF PARSADI v. STATE OF RAJASTHAN

CRLMP/4109/2025 · 2025-08-27

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:34063] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4109/2025 Dhanphool Son Of Parsadi, Resident Of Jivli, At Present Resident Of Gangapurcity, ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Hari Son Of Johari, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 3. Murari Son Of Johari, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 4. Radheyshyam Son Of Johari, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 5. Ramswaroop Son Of Johari, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 6. Smt. Dakha Wife Of Johari, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 7. Smt. Santra Wife Of Kedar, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 8. Jagan Son Of Bhorya, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 9. Jagdish Son Of Bhorya, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 10. Prakash Son Of Bharti, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 11. Smt. Chhoti Wife Of Late Bharti, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 12. Smt. Basanti Wife Of Bhorya, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 13. Smt. Suman Naruka Wife Of Deepak Naruka, Resident Of Jalokhara, Police Station Sadar, Gangapurcity, 14. Bharatlal, The Then Tehsildar And Registration Officer Gangapurcity, At Present Resident Of Village Singaniya, Tehsil Hindaun. 15. Vishnu Sharma, At Present Patwari, Baman Baroda. ----Respondents [2025:RJ-JP:34063] (2 of 3) [CRLMP-4109/2025] For Petitioner(s) : Mr. Pawan Kumar for Mr. Anil K. Sharma For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 27/08/2025 1. Instant Criminal Miscellaneous Petition under Section 528 BNSS has been filed by and on behalf of complainant, feeling aggrieved by acceptance of negative final report and dismissal of his protest petition vide order dated 02.12.2016, passed by Judicial Magistrate No.2, Gangapurcity, so also against the judgment dated 01.05.2025 passed in Criminal Revision No.90/2022(01/2017), passed by the Additional Sessions Judge No.2, Gangapurcity, dismissing his criminal revision petition and affirming the order dated 02.12.2016. 2. It appears that petitioner lodged one FIR No.122/2015 for offences under Sections 420, 467, 468, 471 & 120-B of IPC. The allegation in the FIR is in respect of not allowing to enter mutation of the lands in question by the accused persons. During investigation, it transpires that in the civil litigation, which has been decided against the petitioner, as vide judgment dated 06.02.2015, passed by the Additional District Judge, petitioner was allowed to obtain money instead of pressing to obtain the land. In the investigation, it was found that no offence under Sections 420, 467, 468, 471 & 120-B of IPC is made out against any of the accused persons and the dispute primarily is of civil nature, hence, police submitted negative final report. [2025:RJ-JP:34063] (3 of 3) [CRLMP-4109/2025] 3. It appears that petitioner filed protest petition, which has been dismissed on merits by the Judicial Magistrate vide order dated 02.12.2016 and final report has been accepted. 4. Petitioner, challenged the order dated 02.12.2016 by way of filing criminal revision petition. The Revisional Court, too considered the matter on merits and dismissed the revision petition vide judgment dated 01.05.2025. 5. Having heard the counsel for petitioner and from perusal of the fact findings, assigned by the Judicial Magistrate to affirm the negative final report and Revisional Court has also examined the legality and propriety of the order on merits, in the opinion of this Court, the present petition is virtually a second revision petition in the guise of filing a criminal miscellaneous petition under Section 482 Cr.P.C. which cannot be entertained. Otherwise, on merits as well, the impugned orders do not call for any interference in exercise of jurisdiction under Section 528 BNSS. 6. As a result, the petition is devoid of substance and same is hereby dismissed. 7. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/35