The court affirms that an FIR cannot be lodged without a written complaint per the concerned authority, indicating procedural impropriety.

Order

08/07/2025 The petitioner has preferred this instant criminal misc.

petition under Section 528 of the BNS S for quashing and setting aside the FIR No. 230/2025 registered with police station Udhyog Nagar, Sikar for the offences under Sections 318(4), 336(2), 338, 340(2) and 61(2) of BNS alongwith all the consequential proceedings arising out of the aforesaid FIR.

It is contended by learned counsel for the petitioner that prima facie no offence is made out against the petitioner. It is further argued that in the alleged FIR, the complainant has stated that mutation proceedings were forged and for the same another FIR was lodged and in that FIR the police submitted final negative report. The only allegation in the present FIR is against the petitioner that he wrongly submitted declaration before the concerned authority stating the fact that no dispute is pending regarding the land in question. It is further contended that under Section 215 of the BNS S only the concerned Authority has right to lodge the proceedings and without filing a written complaint the FIR cannot be lodged. If the petitioner has given any wrong declaration, it is only a offence under Sections 212 and 216 of the BNS , which is non-cognizable.

Learned counsel for the petitioner further submits that the petitioner has neither forged any document nor deceive or caused any wrongful loss to the complainant. It is also contended that the matter is still under investigation, therefore till further order the investigating agency may be restrained to file charge-sheet against the petitioner.

Mr. Sandeep Singh Shekhawat, Adv. appears on behalf of the complainant and contended that prima facie offences under Sections 318(4), 336(2), 338, 340(2) and 61(2) of BNS are made out against the petitioner. The petitioner in connivance with other co-accused has forged the documents and wrongly mutated the property. It is also submitted that the present petitioner has got the land converted from the authorities by giving a false declaration, therefore the prayer of the petitioner for restraining the investigating agency from submitting the charge-sheet may be declined.

Learned Public Prosecutor seeks time to furnish the factual report.

Heard and perused the material available on the record.

It is not desirable for the court to express anything on the merits.

Learned counsel for the respondent No. 2 and learned Public Prosecutor is directed to file their response before the next date of hearing.