HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4365/2016 Smt Godi Devi W/o Shri Suraj Jat aged about about 69 years R/o Dhani Kuchawali Village Bhakrota Tehsil Sanagner, District Jaipur (Raj.)

----Petitioner Versus State of Rajasthan Through PP ----Respondent For Petitioner(s) : Mr. Rahul Kashyap for Mr. Dinesh Choudhary For Respondent(s) : Mr. Jitendra Singh Rathore-PP Ms. Neha Goyal JUSTICE ANOOP KUMAR DHAND

Order

13/04/2026

1. By way of filing the instant misc. petition, a prayer has been made to quash the impugned FIR No. 772/2012, registered with the Police Station JDA, Jaipur for the offences punishable under Sections 420, 467, 468, 471, 447 and 120-B IPC.

2. Counsel for the petitioner submits that the petitioner is a bona fide purchaser of the subject plots and the same have been purchased by her from the concerned Gram Panchayat after getting a patta issued in this regard and no forgery has been committed by her, still she has been falsely implicated in the case, hence, the proceedings of the impugned FIR be quashed.

3. Per contra, learned Public Prosecutor opposes the arguments raised by counsel for the petitioner and submits that the allegations against the petitioner are that of encroachment on Government land and fabrication of pattas issued by the Gram Panchayat. Counsel submits that the offences under Sections 420, 467, 468, 471, 447 and 120-B IPC have been found to be proved against accused persons namely Hanuman Sahay Sharma, Suraj and Smt. Godi Devi and charge-sheet has already been submitted against them before the concerned Court in the year 2019. Since two of the accused persons are absconding and the Police is making efforts to trace them, hence interference of this Court is not warranted.

4. Heard and considered the submissions made at Bar and perused the material available on record.

5. Perusal of the contents of the FIR and the allegations levelled therein reveal the commission of cognizable offence and the correctness of the same, cannot be examined by this Court in exercise of its power contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer who has already found prima facie involvement of the petitioner and co-accused persons and charge-sheet has been submitted against her along with the co-accused persons before the concerned Court in the year 2019 and much water has flown thereafter and the trial has proceeded against the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this Court deems it just and proper to dispose of the instant misc. petition, granting liberty to the petitioner to take all available objections, grounds and defences as raised before this court, at the appropriate stage of the trial before the Trial Court.

7. Accordingly, the instant misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.

8. Copy of the factual report dated 02.04.2019 is ordered to be retained on record.

(ANOOP KUMAR DHAND),J Ashu/18