HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6795/2024 1. Kallo W/o Khushiram, aged about 29 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 2. Neema W/o Man Singh, aged about 32 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 3. Hema W/o Bhur Singh, aged about 28 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 4. Prem W/o Battu Lal, aged about 60 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 5. Sapna W/o Lokesh, aged about 26 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 6. Hargalli W/o Raghuveer, aged about 30 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 7. Jagmohan S/o Bhagirath, aged about 66 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 8. Manohar S/o Bhagirath, aged about 64 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 9. Khushiram @ Laxmi Narayan S/o Jagmohan, aged about 29 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 10. Battu S/o Johari, aged about 63 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 11. Chotu Ram S/o Khilari, aged about 28 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, 12. Rishi Raj S/o Khilari, aged about 25 Years, R/o Nand Todabhim, Gangapur City, Rajasthan, ----Petitioners Versus 1. Sate Of Rajasthan, Through The Pp. 2. Sunita Meena D/o S.k Meena, Present SDM, Todabhim, Gangapur City, Rajasthan, Permanent R/o 30, Kalwar Road, Sanjay Nagar-B, Jhothwara, Jaipur (West) Rajasthan. ----Respondents For Petitioner(s) : Mr. Vijay Kumar Jangid For Respondent(s) : Mr. Amit Punia-PP (2 of 3) [CRLMP-6795/2024] Ms. Arti Sharma-PP JUSTICE ANOOP KUMAR DHAND Order 02/12/2025 1. By way of filing the present criminal misc. petition, a prayer has been made for quashing the impugned FIR No. 322/2024 registered with Police Station Todabhim, District Gangapur City for the offences under Sections 189(2), 121(1), 132, 109(1), 61(2) (a) of BNS and Section 3 of the Rajasthan Prevention of Defacement of Property Act, 2006. 2. Counsel for the petitioners submits that the subject land is a khatedari land belonging to the Khatedar and the petitioners are using the same for cultivation. Counsel submits that when the proceedings were initiated to eject the Khatedar from the subject land, they approached the Court of Sub Divisional Officer, Todabheem, District Gangapur City by way of filing a suit, wherein an interim order has been passed on 08.01.2024, directing the parties to maintain status quo. Counsel submits that the aforesaid order has been passed by the SDO herself but at a later stage, she has lodged the FIR against the Khatedars and the petitioners with the allegations that Government land has been encroached by them and when subsequent steps have been taken for removal of the encroachment they assaulted the Officer who went on the spot for removal of said encroachment. Counsel submits that family members of all the petitioners have been implicated as an accused and some of them are students and some are senior citizens who were not present on the spot. Counsel submits that even a counter FIR was registered against the complainant with (3 of 3) [CRLMP-6795/2024] the same Police Station, however, the police are not taking any steps towards investigating the aforesaid FIR but are bent upon to take action against the petitioners in the impugned FIR. Hence interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposes the prayer and submits that the allegations levelled in the FIR reveals the commission of a cognizable offence and the same is required to be investigated by the Investigating Agency. Hence, interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. This Court while exercising its power contained under Section 528 BNSS, cannot adjudicate the genuineness and correctness of the allegations levelled in the FIR against the petitioners. Certainly, it is the job of the Investigating Officer. 6. The petitioners would be at liberty to submit appropriate representation along with relevant documents in support of their contentions before the Investigating Officer who shall consider the same in accordance with law. 7. The present criminal misc. petition, stay application and all pending application(s), stand disposed of. 8. It is expected from the Investigating Officer to conduct a fair and impartial investigation in the FIR lodged by the petitioners. (ANOOP KUMAR DHAND),J Ashu/2