1. - Heard learned counsel for the parties.

2. The present miscellaneous petition has been filed seeking quashing of the F.I.R. No. 1/2004 registered at the Police Station, Makrana, district Nagaur, for the offences under Sections 147, 149, 447, 379, 188, 323, 342, 504 and 120-B of Indian Penal Code.

3. Counsel for the petitioners submits that on the day when the incident is said to have taken place, there was a stay order of the competent Court operating in favour of the petitioners and as such the petitioners cannot be prosecuted for trespassing into their own land.

4. I have perused the F.I.R. and the documents which are sought to be relied upon by the petitioners. Suffice it to say that the effect of injunction passed by the competent Court is to be taken into account by the Investigating Officer while investigating the matter.

5. Accordingly, it is hereby directed that the Investigating Officer shall take into consideration all the documents submitted by the petitioner before him and thereafter the Investigating Officer shall complete the investigation and submit his report to the competent Court.

6. Till submission of the report by the investigation officer the petitioners shall not be arrested.

7. The miscellaneous petition is disposed of accordingly.Petition disposed of.

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