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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Chandrashekhar Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(FARJAND ALI, J.)
1. The instant criminal miscellaneous petition has been filed under Section 528 of Bhartiya Nagarik Suraksha Sanhita (“hereinafter to be referred as “BNSS”) (corresponding of Section 482 of Cr.P.C.) for quashing of the FIR No.243/2024 registered at Police Station Nawa, District Deedwana-Kuchaman for the offence under Sections 379, 467, 468 and 471 of the IPC.
2. Briefly stating the facts of the case are that the complainant filed a complaint against the petitioner Chandrashekhar Sharma. He unlawfully accessed the land records section of the Nagar Palika Nawa (hereinafter to be reffered as “NPN”) and, without due authorization, fraudulently obtained and registered Patta Paper in his name. The registration was conducted without the mandatory signature of the Chairman, NPN, relying instead on the signature of the Acting Officer. The said patta file was incomplete and ineligible for issuance, yet the petitioner, through misrepresentation and fraudulent means, procured its registration. Upon review, the Chairman of NPN discovered the irregularities and initiated an inquiry, revealing that he had unlawfully removed the government document from the NPN office and su
The court held that the FIR lacked sufficient grounds for prosecution under the IPC, as the patta issued was not a forged document, thus quashing the FIR.
The central legal point established in the judgment is that the continuation of proceedings against the petitioners would be an abuse of process, given the lack of evidence supporting the complainant....
The court ruled that criminal proceedings cannot proceed for a civil dispute, especially when multiple FIRs arise from the same cause, indicating an abuse of process.
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