Advocates:
['RR TIWARI', '', 'SUSHILA SHARMA', 'SD SHARMA', 'BHAWARI DEWASI', 'PP', '', 'DS UDAWAT']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 1739/2017

Bheraram And Ors.

----Petitioner

Versus

State And Anr.

----Respondent

For Petitioner(s)

:

Mr. L.R. Upadhyay

For Respondent(s)

:

Mr. Arun Kumar, PP

Mr. Lakshya Singh Udawat

Mr. Mahesh Goyal, S.I.,

SHO, P.S. Shivpura

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

27/07/2022

Learned counsel for the petitioners submits that if at all any

allegation of fraudulent mutation was there, it was there upon

their father and the same cannot be attributed to the present

petitioners, who are the son, wife and daughter.

Learned counsel further submits that the respondent No.2,

who is the FIR lodger, is a lost identity and is not available at his

place since long time.

Learned Public Prosecutor as well as learned counsel for the

respondents No.2 along with the investigating officer submit that

they have sufficient record to verify the presence of respondent

No.2 and in case, any criminal act has been committed then a

beneficiary, who does not distances himself from the criminal act,

is liable to attract criminal proceedings.

(2 of 2)

[CRLMP-1739/2017]

After hearing learned counsel for the parties as well as

perusing the record of the case, this Court is of the opinion that in

case, a beneficiary upon knowing that an act is fraudulent, does

not distance him for such act, will automatically fall within the

purview of extension of the crime alleged.

In view of the above, no interference in the present petition

is called for and the same is accordingly dismissed. All pending

applications stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

136-Zeeshan