[2025:RJ-JP:6069] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 775/2025 Gourishankar Agarwal S/o Shri Prabhu Narayan Agarwal, R/o 87, Shiv Nagar, Ward No. 1, Dadi Ka Phatak, Jhotwara, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Pinto Ghosh S/o Nitai Chandra Ghosh, R/o 103A, Govind Nagar, P.s. Brahampuri, Jaipur. ----Respondents For Petitioner(s) : Mr. Hemant Gajraj For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 12/02/2025 1. The present criminal misc. petition under 528 B.N.S.S. has been filed by the petitioner for quashing of F.I.R. No.245/2023 (dated: 01.11.2023), registered with the Police Station Andhi, Jaipur Rural, for offence under Sections 420, 120-B, 467, 468, 427, 447, 504 & 506 of IPC. 2. Counsel for the petitioner submits that the allegation as has been levelled against the present petitioner is that he being the president of Grah Nirman Sahkari Samiti (hereinafter be referred to as 'society'), issued Pattas to the complainant-party of the land in question, without legal authority. Counsel further submits that the society has issued the pattas of the land in question to several persons, which was purchased by the society from the original Khatedar vide an agreement to sale. Counsel also submits that since the petitioner issued pattas of the land [2025:RJ-JP:6069] (2 of 3) [CRLMP-775/2025] after purchasing the land, hence, no offence is said to have been made out against him. 3. Learned Public Prosecutor has opposed the submissions made by counsel for the petitioner. 4. Heard. 5. Considered the submissions made at bar and also perused the material available before this Court. 6. It is not in dispute that the petitioner, who being the president of society, has issued pattas of the land in question to several persons on the basis of an agreement to sale, but, there is no registered sale deed of the land of the society. It has also come on record that the original Khatedar has sold the land in question to some other persons and in such circumstances, the plot holders to whom the society has sold the plots, remain without plots, even after paying the payment to the society. 7. With regard to quashing of F.I.R., counsel for the petitioner placed reliance on the judgment passed by the Hon'ble Apex Court in case of State of Haryana & Ors. Vs. Ch. Bhajan Lal & Ors. (AIR 1992 SC 604). 8. On consideration of submissions made by counsel for the petitioner and the averments made in the F.I.R., this Court finds that at this stage, it cannot be said that the allegations levelled against the present petitioner are false and fabricated. Further, this Court has no mechanism to come to the conclusion whether the allegation made against the petitioner are false and fabricated. 9. This Court has also taken into consideration the fact that the present petitioner earlier also preferred the S.B. Criminal [2025:RJ-JP:6069] (3 of 3) [CRLMP-775/2025] Misc. Petition No.563/2025 (Gaurishankar Agarwal Vs. State of Raj. & Ors.) for fair investigation, which was dismissed by this Court vide order dated 31.01.2025. 10. In view of the aforesaid circumstance, the matter requires a proper and fair investigation. 11. In view of the discussions made above, this Court finds no ground to quash the impugned F.I.R. in question, as it cannot be said that no offence is made out against the petitioner from the averments made in the F.I.R. 12. Accordingly, the present criminal misc. petition is dismissed. 13. Stay application also stands disposed of. (GANESH RAM MEENA),J ARTI SHARMA /42