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2017 Supreme(Raj) 1926

PUSHPENDRA SINGH BHATI
Mangi Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Dhirendra Singh with Mr. Rajiv Bishnoi
For the Respondents: Mr. V.S. Rajpurohit, Mr. L.K. Ramdhari, Mr. Arvind

ORDER :

Pushpendra Singh Bhati, J.

The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C., 1973 for quashing the entire criminal proceedings initiated in pursuant to FIR (C.R. Case) No. 58/2017 dated 20.04.2017 registered at Police Station Sayla, District Jalore for the offence under Section 295/34 of IPC.

2. This Court has taken note of the order passed by the Civil Court upon an application of respondent No. 2 on 11.01.2017. The order categorically observes that the application filed by the respondent No. 2 Neta Ram regarding the plot in question was not maintainable after examining the patta brought on record by respondent No. 2 Neta Ram before the Civil Court dated 26.03.1990. Another application was moved by the respondent No. 2 which was also dismissed on 03.05.2017 as the learned civil court has refused to make any interference in the execution proceedings in favour of the respondent No. 2.

3. It is an admitted position that the petitioner is the owner as per the civil court decree and no right on the said property accrued to anyone else.

4. Learned counsel for the petitioner has also shown the version of the Sale Ameen dated 12.04.2017 whereby Sale A











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