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2014 Supreme(Raj) 1752

SANDEEP MEHTA
Het Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. R.S.Choudhary, Advocate.
For the Respondent: Mr. Rajesh Bhati, P.P.
For the Respondent No. 2:Mr. Rakesh Matoria, Advocate.

JUDGMENT

1. - The instant miscellaneous petition has been preferred by the petitioners seeking quashing of the F.I.R. No. 342/2014 registered at P.S. Rawatsar for the offences under Sections 420, 467, 468, 471 and 120-B I.P.C.

2. Counsel for the petitioner submits that the will on the strength whereof the complainant claims right over the property is under challenge before the Civil Court and as such the registration of the F.I.R. in relation to the disputes arising therefrom is absolutely impermissible and amounts to a gross abuse of process of Court. He further submits that even if the complainant's allegation are accepted to be true on their face value, the petitioners have not forged any document. He relies on the decision rendered by the Hon'ble Supreme Court in the case of Paramjeet Batra v. State of Uttarakhand reported in 2013(1) WLN-68(SC) in support of his contentions and submits that the proceedings of the F.I.R. impugned deserves to be quashed.

3. Per contra learned Public Prosecutor and the learned counsel for the complainant have vehemently opposed the submissions advanced by the counsel for the petitioners. Learned Public Prosecutor has submitted I.O.'s factual report









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