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2025 DAILYLAW 42730 (RAJ)

BABULAL @ RAMRATAN SON OF GAJANAND v. STATE OF RAJASTHAN

CRLMP/4520/2025 · 2025-11-18

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:46450] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4520/2025 1. Babulal @ Ramratan Son Of Gajanand, Aged About 62 Years, Resident Of Saknaye Balapura, Police Station Kar- var, District Bundi. 2. Omprakash Son Of Gajanand, Aged About 52 Years, Resi- dent Of Saknaye Balapura, Police Station Karvar, District Bundi. ----Petitioners Versus 1. State Of Rajasthan, Through The Public Prosecutor 2. Sho, Police Station Karvar, District Bundi (Raj.). ----Respondents For Petitioner(s) : Mr.Ravindra Kumar Paliwal For Respondent(s) : Mr.Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 18/11/2025 1. This criminal misc. petition has been preferred for quashing the proceedings of misc. complaint case No.3/M/3 submitted against the petitioners and the party No.1 before the Court of Sub-Divisional Officer, Nainwa, District Bundi. 2. Learned counsel for the petitioners submits that the whole sole purpose of party No.1 to the aforesaid complaint case, was to get the subject property attached and the same remained under construction. Counsel submits that the object of the party No.1 to the complaint has been fulfilled by filing of such complaint before the Court concerned and the Court concerned is sitting over the matter and in spite of passing of more than two years and till date, the aforesaid complaint has not been decided, hence, the same be quashed in the interest of justice. [2025:RJ-JP:46450] (2 of 2) [CRLMP-4520/2025] 3. Learned Public Prosecutor opposed the prayer and submitted that in order to maintain law, peace, order and tranquility and in the interest of both the parties, the proceedings were initiated under Section 145 Cr.P.C., that is why, a complaint has been filed and the same is required to be adjudicated by the Sub-Divisional Officer, hence, interference of this Court is not warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Contents of the petition indicate that a complaint under Section 145 Cr.P.C. has been submitted by the concerned Police Station in the interest of both the parties to avoid the conflict between them with regard to their respective claims made on the subject land. 6. The matter is required to be adjudicated on its merits by the Court concerned where the complaint has been filed, hence, this Court cannot quash the same by exercising its powers contained under Section 528 B.N.S.S. 7. But, looking to the fact that the complaint is lying pending since August, 2023, it is expected from the Sub-Divisional Officer to make all possible endeavours to decide the pending complaint expeditiously, as early as possible, after affording due opportunity of hearing to all the respective parties. 8. With the aforesaid observation, this misc. petition stands disposed of. Stay application and all pending application(s), if any, also stands disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /27