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2026 DAILYLAW 722 (RAJ)

GHASI NAYAK SON OF DHANNA NAYAK, v. STATE OF RAJASTHAN

CRLMP/223/2026 · 2026-03-10

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:10213] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 223/2026 1. Ghasi Nayak Son Of Dhanna Nayak, Resident Of Tokarwad, Distt. Bhilwara, Presently Village Bagrai, P.S. Bhinai, District Ajmer. 2. Ghisalal Bhil Son Of Shri Kalyan, Resident Of Village Devliya Kalan, P.S. Bhinai, District Ajmer. 3. Gopal Lal Son Of Ramprasad, Resident Of Village Devliya Kalan, P.S. Bhinai, District Ajmer. ----Accused-Petitioners Versus 1. State Of Rajasthan, Through The Public Prosecutor. 2. The S.H.O. Police Station, Bhinai, District Ajmer. ----Respondents 3. Ramdev Son Of Chandra Nayak, Resident Of Village Devliya Kalan, P.S. Bhinai, District Ajmer. ----Complainant-Respondent For Petitioner(s) : Mr. Ashvin Garg, Adv., with Mr. Ripu Daman Singh Shekhawat, Adv., and Mr. Nonit Hatila, Adv. For Respondent(s) : Ms. Arti Sharma, PP with Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/03/2026 1. Learned counsel for the petitioners submits that complainant himself is mastermind of the offence of forgery, who introduced the wrong person as land owner. He submits that believing the complainant, sale deed was executed in favour of the petitioner No.1 and petitioners No.2 and 3 are the attesting witnesses of the said sale-deed, who identified the seller as Nanda Nayak based on the information given by the complainant. He submits that [2026:RJ-JP:10213] (2 of 2) [CRLMP-223/2026] complainant has no locus in his favour to lodge this FIR. He further submits that soon after getting the information that wrong person has executed the sale deed in favour of the petitioner No.1, Sub-Registrar has been informed by the petitioners in this regard. He submits that petitioners would be satisfied if all these aspects are taken into consideration by the Investigating Officer before forming any final opinion. He submits that representations have already been submitted by the petitioners to the higher authorities of the Investigating Officer. 2. In view of above, this deems it proper to disposes of this petition with liberty to the petitioners to file comprehensive representation before the Investigating Officer. If any such representation is filed by the petitioners within the period of one week from today, Investigating Officer is directed to take into consideration such representation and documents, if any, before forming any final opinion. It is further observed that if Investigating Officer reaches to the conclusion that cognizable offences are made out against the petitioners, he will serve 15 days’ notice upon them before making their arrest. 3. With the aforesaid directions, this Criminal Misc. Petition stands disposed of. 4. Stay application and pending applications, if any, also stand disposed of. (ANIL KUMAR UPMAN),J MADAN/48