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2022 Supreme(Raj) 1321

DINESH MEHTA
Jeeva Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
J.V.S. Deora and Bharat Shrimali, Advocates, for the Appellant
S.K. Bhati, PP, for the Respondents

Judgement Key Points

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JUDGMENT

Dinesh Mehta, J. - The petitioners have preferred the present petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), inter alia, challenging the FIR No. 114 dated 02.07.2017, that has been registered in Police Station Rani, District Pali seeking petitioners' prosecution for the offences under Sections 420, 467 and 468 of the Indian Penal Code.

2. Mr. Deora, learned counsel for the petitioners narrated the broad facts in relation to disputed plot and construction raised thereupon and submitted that one Rupa Ram was the owner of the disputed property, who passed away in 2006 leaving following legal heirs: (i) Khumi Devi (widow); (ii) Shiv Lal; (iii) Jeevraj (iv) Dalpat; (v) Fancy and (vi) Jaynti.

3. It is informed by learned counsel that one of the above referred legal heirs, namely, Shiv Lal transferred the entire property to the complainant claiming himself to be the sole owner of the property on the basis of a will purportedly executed by his father Rupa Ram.

4. In the meantime, the present petitioners being legal heirs of Rupa Ram executed a power of attorney in favour of Hanwant Singh, who in turn transferred the propert

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