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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Dalveer Singh Dhaddha son of Late Shri Gordhan Singh Dhaddha – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
1. By way of filing this instant miscellaneous petitions under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the order dated 19.09.2015 passed by learned Additional Sessions Judge No. 1, Jodhpur Metropolitan in Criminal Revision No. 8/2015 [295/2014], whereby the revisional court upheld the order dated 15.10.2014 passed by learned Additional Chief Judicial Magistrate No. 3, Jodhpur Metropolitan, as well as the complaint and entire further proceedings pending in Criminal Case No. 23/2011, wherein cognizance has been taken for the alleged offences under Sections 420, 467, 468, 471, and120B of the Indian Penal Code.
2. The instant petitions, being connected in nature, arise out of the same set of allegations pertaining to the allotment of strip land adjoining Plot No. 990, Geeta Bhawan, Jodhpur. A complaint was preferred by one Nand Lal Vyas before the Court of learned Additional Chief Judicial Magistrate No. 3, Jodhpur Metropolitan, which came to be registered as Complaint No. 23/2011. The complainant alleged that the said plot, measuring 3848 square feet and originally recorded in the joint name of his grandfather Late
Administrative lapses do not constitute criminal liability; clear evidence of mens rea is required for offences under IPC sections invoked.
The court ruled that civil disputes cannot be disguised as criminal offences, and allegations of conspiracy and forgery necessitate a full trial.
Insufficient evidence to establish involvement in conspiracy leads to quashing of proceedings under Section 482 of the Code of Criminal Procedure.
For offenses under IPC Sections 420 and 409, allegations must clearly demonstrate fraudulent inducement and dishonesty; mere misunderstandings do not suffice for quashing proceedings.
Specific allegations of assault and threats warrant a full trial, even in cases involving prior civil disputes and claims of forged documents.
The Court clarified the specific elements required to establish offences under the Indian Penal Code and applied these principles to modify the cognizance order.
Sufficient prima facie evidence exists for conspiracy and fraudulent transactions regarding temple land; discharge not warranted at this stage.
The court emphasized that inherent powers under Section 482 should not be exercised to quash FIR unless exceptional circumstances are established, reaffirming the requirement for thorough investigati....
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