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ASHOK KUMAR JAIN
Prem Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner's relationship to disputed land. (Para 1 , 2) |
| 2. opposing arguments on land possession. (Para 3) |
| 3. clarification of procedural aspects. (Para 4 , 5 , 6) |
| 4. joint possession impacts offense under ipc. (Para 7 , 8) |
| 5. final dismissal of the misc. petition. (Para 9 , 10) |
ORDER :
Mr. Ashok Kumar Jain, J. - The present Misc. Petition has been preferred under Section 482 Cr.P.C. by the petitioner aggrieved from the order dated 12.04.2016 passed by the learned Additional Sessions Judge, Jaitaran (Pali) in Criminal Revision No.69/2012 ( Prem Singh v. State of Raj. and Anr. ) whereby revision petition was partially allowed against the order dated 09.07.2012 passed by the learned Judicial Magistrate, Jaitaran District Pali and the petitioner was discharged from offence under Section 447 but maintained the cognizance/recording of plea under Sections 427 of the IPC.
2. Learned counsel for the petitioner submitted that it is an admitted position that petitioner is the real brother of Raghuvir Singh, respondent No.2. He submitted that the disputed land is an ancestral land and the same is in joint possession of petitioner and respondent No.2. He further submitted that des
An alleged theft is not substantiated when both parties claim joint ownership, negating the criminal aspect of the case.
Civil disputes should not be converted into criminal cases; FIR quashed as allegations did not constitute an offense and indicated mala fides.
The court quashed the FIR due to the absence of prima facie evidence for the charges, affirming that vague allegations do not substantiate criminal liability, and distinguished the matter as a family....
Criminal proceedings under Sections 145 and 146 Cr.P.C cannot overrule ongoing civil litigation regarding property ownership, necessitating the maintenance of status quo in possession.
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