[2025:RJ-JP:46787]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7414/2019 Pratap Singh S/o Shri Mohan Singh, aged about 38 Years, R/o Near Gurukul School, Sunar Mohalla, Khandar, District Sawai Madhopur (Raj.).

----Accused-Petitioner Versus

1. State of Rajasthan through PP

2. Devi Singh Tehsildar Khandar, District Sawaimadhopur.

----Respondents/Complainant For Petitioner(s) : Mr. Prashant Sharma on behalf of Ms. Vandana Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Vishal Karnani for complainant HON'BLE MR. JUSTICE ANAND SHARMA

Order

19/11/2025

1. This criminal miscellaneous petition has been filed by the petitioner with a prayer to quash FIR No.273/2019 registered at Police Station Khandar, District Sawai Madhopur (Raj.) for the committing offence under Section 353 of IPC.

2. It is stated that the petitioner was holding the post of Patwari in Revenue Department, however, he was placed under suspension. During his suspension, one FIR has been lodged by the Tehsildar (land records), Khandar alleging therein that the crop in Khandar Tehsil was damaged on account of heavy rain and the petitioner sent whatsapp messages as well as telephonic calls to the working patwaris not to make correct reports with regard to damaged/ruined crops on account of heavy rains. It has further been alleged that on account of such messages sent by the petitioner, report of zero damage was submitted by all the girdawars and patwaris of Tehsil region Khandar. On such complaint made by Tehsildar Khandar, FIR was registered under Section 353 IPC against the petitioner.

3. Learned counsel appearing for the petitioner submits that contents of FIR do not reveal anything so as to infer that any offence under Section 353 IPC has been committed by him as the FIR lacks inclusion of essential ingredients so as to form offence as described under Section 353 IPC. It is submitted that in the FIR there is no allegation of use of criminal force or to cause any assault to any person which is the fundamental condition for making out any offence under Section 353 IPC.

4. Learned counsel further submits that thus, registering FIR under Section 353 on the basis of complaints which does not reveal anything with regard to use of criminal force or assault, amounts to abuse of process of law and the prosecution of the petitioner pursuant to such FIR would cause miscarriage of justice and grave prejudice to the petitioner.

5. Learned Public Prosecutor as well as learned counsel for the complainant opposed the petition and submitted that it is apparent from the FIR that on account of illegal intervention and intimation made by the petitioner, the girdawars and patwaris of Khandar Tehsil region gave report of zero damage on account of heavy rain which was totally against the site position, hence, even in the cases of interfering with the public servant in discharge of their public duty, offence under Section 353 IPC is made out. Thus, no mistake whatsoever has been committed by the police authorities in registering FIR under Section 353 IPC against the petitioner. It has also been submitted that FIR cannot be considered as an encyclopedia and offence can further be made out against the accused during investigation. Hence, they have prayed for dismissing the petition filed by the petitioner.

6. I have considered the submissions made by learned counsel for the parties and perused the record.

7. At the first place, it is relevant to refer the provision of Section 353 IPC which reads as under:-

"353. Assault or criminal force to deter public servant from discharge of his duty.— Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public s