Honble ACHARYA, J.–This misc. petition under Section 482 Cr.P.C. has been filed by Smt. Tipu Devi and Kesara Ram for quashing of the FIR No.10/2007 registered at Police Station Sindhari, District Barmer for offence under Section 447 and 427 IPC.

(2). According to the facts inter alia narrated in the misc. petition, the land bearing Khasra No.57/1 is "Gairmumkin Abadi" Land and vests in the Gram Panchayat Kamthai. The petitioner No. 1 is presently Sarpanch of Gram Panchayat Kamthai. A copy of Jamabandi for Samwat 2059 to 2062 in respect of the said land has been placed on record. It is also submitted that District Education Officer-cum- Ex officio Project Coordinator, Serva Shiksha Abhiyan, Barmer vide notification dated 6.7.2006 issued an administrative and financial sanction for construction of additional class room for various schools including the Government Primary School, Raneri. In the order dated 6.7.2006, the Government Primary School Raneri appears at serial No.91. In the said notification, it has specifically been mentioned that the construction shall be done only on the land which is in the name of school.

(3). It is further submitted that before raising construction, no objection was not obtained from Gram Panchayat and construction was got started at the instance of respondent No.2.

(4). On 2.2.2007, the petitioner No.1 issued a notice to the respondent No.2 - Head Master, Government Primary School, Raneri asking him to stop the construction work but when the construction work was not stopped then on 20.2.2007, a resolution was taken by the Panchayat to stop the construction and to take building material in its possession. A copy of letter dated 20.2.2007 was also sent to SHO, Police Station Sindhari. It is further submitted that since unauthorized construction was not stopped, the petitioner No. 1 while discharging her official duties as Sarpanch with the aid of police demolished the unauthorized and illegal construction of the school room and the building material was taken into possession by the Gram Panchayat. A notice was also given to the respondent No.2 for depositing the expenses of demolition of the unauthorized construction which was removed to keep the Panchayat land free from any encroachment and trespass.

(5). Learned counsel for the petitioners stated that this false FIR has been lodged against the petitioners due to political rivalry. The petitioner No.1 has done the said act while discharging her official duties. He has cited before me the judgments of Honble Supreme Court (i) 1992 Cri.L.J.527; State of Haryana Vs. Bhajan Lal, (ii) 2006 (6) SCC 736 = 2006(4) RLW 3380 (SC); Indian Oil Corporation Vs. NEPC Indian Ltd. & Ors and (iii) 2003 AIR Supreme Court 1069; Ajay Mitra Vs. State of Madhya Pradesh & Ors. and stated that since the present FIR has been lodged malafidely and with ulterior motive, therefore, it may be quashed.

(6). In reply, learned counsel for the respondent as well as learned Public Prosecutor have stated that budget was sanctioned for construction of the school building and the construction was also done in the boundary wall of the school itself. It is further stated that Gram Panchayat had no authority to remove the construction raised in the school premises. The petitioners have taken the law in their hands and caused damage to the public property. Learned counsel for the respondent further stated that from the perusal of the FIR, it appears that cognizable offence has been committed. The allegations made in the complaint prima facie satisfy the essential ingredients of the alleged offence. He further stated that FIR has not been lodged with malafides for wreaking vengeance or to cause harm to the petitioners. Therefore, he prayed that at this stage, this Court should not interfere with the investigation. In support of his arguments, learned counsel for the respondent has cited before me the judgments of Honble Supreme Court (i) 2004 (13) SCC 437 ; State of Punjab through Secretary,

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