NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1473 of 2021  Hemlata Bansal W/o Jagdish Bansal Aged About 55 Years Caste Agrawal, R/o Bansal Apartment Ward No. 11, Sakti, P.S. And Tahsil Sakti, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Petitioner versus  State of Chhattisgarh Through Police Station Sakti, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---Respondent ________________________________________________________

For the Petitioner :Mr. Ishwar Jaiswal, Advocate For the Respondent No.1/State :Mr. Hari Om Rai, P.L Hon’ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

Per Ramesh Sinha, Chief Justice

24.07. 2024

1. The present petitioner has prayed for quashing of the FIR registered at police station-Sakti District- Janjgir Champa bearing crime No. 282 of 2021 for the offence punishable under Section 420, 467, 468, 471 and 34 of IPC and prayed for the following relief:-

It is prayed, therefore, that the Hon’ble Court may kindly be pleased to quash the FIR, registered at Police Station – Sakti District – Bilaspur vide it’s Crime No. 282 of 2021, for the alleged offence punishable under Section 420, 467, 468, 471/34 of IPC and allow this Petition in the interest of the Justice.

2. The brief facts of the case are that the complainant Shiv Kumar Dansena, who is the Nayab Tehsildar have lodged a report with the allegation that a complaint was made by Sanjay Ramchandra who was the president of Muktidham conservation society, Sakti, against one Jagdish Agrawal Bansal that he encroached the Government land since 20 years and have constructed 24 houses there. A committee was constituted by the Collector Janjgir Champa and in inquiry it was found that the land of khasra No. 1316/7 area 12 dismil situated at Village Sakti was recorded in the name of Hemlata, wife of Jagdish Prasad Bansal, as per the revenue record of the year 1988 but without there being any order passed by competent Court, Hemlata Bansal has manipulated the revenue record and 0.3 dismil of land was got muted in her name by showing as the khasra No. 1316/34. Subsequently, Jagdish Bansal has got muted in his name through the mutation No 121 dated 03.08.2004. When the Tehsildar Sakti have inquired into the matter he found that the land was not recorded in the name of Hemlata and therefore, under the written instruction of the Sub Divisional Officer Sakti for lodging of the report against Hemlata Bansal and the then Patwari Kunj Bihari Beswade, he lodged the report. The FIR of Crime No. 282 of 2021 has been registered at police station – Sakti, District - Janjgir Champa for the offences under Section 420, 467, 468, 471, 34 of IPC against the present petitioner Hemlata Bansal and co-accused Kunj Bihari Beswade.

3. It has been argued by the learned counsel for the petitioner that the date of incident is shown to be of 03.08.2004 but the FIR has been registered on 04.09.2021 which is after about 17 years from the alleged date of incident. The land of Khasra No. 1316/7 which has been purchased by the petitioner whereas the disputed land is of the Khasra No. 1316/34, area 0.03 acres and the owner of the land has not lodged any report. On 04.05.2004 the owner of land of khasra No. 1316 has executed the contract deed in favour of the petitioner in which the then Tehsildar Sakti has also made his signature and then the name of the present petitioner has been muted in the revenue record. Since the land of khasra No. 1316/34 is the adjoining land of Khasra No. of 1316/7, the report has been lodged on apprehension that the petitioner has also encroached over the land and had got muted the same in her name, the petitioner has not made any forgery and has not prepared any false documents in order to obtain any benefits from it. The FIR has been registered on the pressure of higher authorities. He would further submit that the case of the petitioner is genuine as she h