Advocates:
['RAJESH JOSHI', '', 'KAMINI JOSHI', 'RAJ KUMAR PAREEK', 'GAURAV SINGH PP', '', 'BHARAT VYAS', 'SANDEEP KHYALIYA', 'RAJENDRA SINGH SHEKHAWAT']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc.(Pet.) No. 4247/2021

1.

Anil Choudhary S/o Bhura Ram, Aged About 62 Years, R/o

1, B 41 Shastri Nagar, Jodhpur, Shastri Nagar, Jodhpur

City (West), Rajasthan.

2.

Mahesh Choudhary S/o Jahan Singh, Aged About 60

Years, Nehru Nagar, Barmer, Kotwali Barmer, Rajasthan.

3.

Rukhsana S/o Harhum, Aged About 52 Years, Sindiyo Ka

Bash, Siwanchi Gate, Khanda Falsa, Jodhpur City (East),

Rajasthan.

4.

Smt. Kamla W/o Hari Prasad, Aged About 68 Years,

Nagori Gate, Jodhpur City (East), Rajasthan.

5.

Smt. Nanda Choudhar W/o Anil Choudhary, Aged About

56 Years, R/o 1, B 41 Shastri Nagar, Jodhpur City (West),

Rajasthan.

6.

Smt. Kamlesh W/o Mahesh Choudhary, Aged About 58

Years, 1, Naharu Nagar, Barmer, Rajasthan.

7.

Smt. Usha W/o Vijay Pooniya, Aged About 68 Years, Civil

Line, Jaipur Sadar (West), Rajasthan.

8.

Sivani Poonia W/o Vijay Pooniya, Aged About 36 Years, 1,

Civil Line, Jaipur Sadar (West), Rajasthan.

9.

Himani Poonia W/o Vijay Pooniya, Aged About 32 Years,

1, Civil Line, Jaipur Sadar, Jaipur (East), Rajasthan.

----Petitioners

Versus

1.

State Of Rajasthan, Through Pp

2.

Smt. Jyoti Mirdha W/o Narendra Gehlot, At Present R/o

Sirsi Road, Jaipur City, (Raj.), And Permanent Resident Of

Gurgaon City, Gurgaon, Haryana.

----Respondents

For Petitioner(s)

:

Mr. Rajesh Joshi, Senior Advocate,

with Ms. Kamini Joshi and Mr. Raj

Kumar Pareek

For Complainant(s)

For State

:

:

Mr. Bharat Vyas

Mr. Rajendra Singh Shekhawat

Mr. Snehdeep Khyaliya

Mr. Gaurav Singh, PP

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[CRLMP-4247/2021]

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

ORDER RESERVED ON :: 28/09/2021

ORDER PRONOUNCED ON :: 05/10/2021

1.

The petitioners have preferred this Miscellaneous Petition for

quashing of FIR No.264/2021 dated 5.8.2021 registered at Police

Station, Chopasani Housing Board for the offence under Sections

420,447, 467, 468, 471 and 120-B IPC.

2.

Factual matrix of the case are that a complaint was lodged

on 8.7.2021, by Shri Prem Prakash Mirdha, Power of Attorney of

respondent No.2, which was sent at the Police Station under

Section 153(3) Cr.P.C. for registration of FIR. FIR was registered

on 5.8.2021. The allegation in the FIR is that father of the

complainant and accused No.2 – Bhanu Prakash Mirdha were real

brothers. Father of the complainant expired in 1993. After sad

demise of Ram Prakash Mirdha and his wife Smt. Veena Devi,

Smt. Jyoti Mirdha and Hemsweta Mirdha have become their legal

heirs. On 23.5.1988, Bhanu Prakash Mirdha sold Khasra Nos.103

and 106, the total area being 4 bighas and 17 biswa, situated at

Village Suthala, Tehsil and District Jodhpur to one Shri Bhanwar

Lal. Bhanu Prakash Mirdha had no authority to sell half of the

share of Ram Prakash Mirdha. The accused moved an application

with the Jodhpur Development Authority (hereinafter referred to

as “the JDA”) in the year 2017 for changing of the land use. An

acceptance letter dated 26.1.1993 alleged to be written by Ram

Prakash Mirdha was also filed wherein, Jagdeesh Sihag and Govind

Ram Phiroda were the attesting witnesses. The complainant was

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[CRLMP-4247/2021]

not aware that accused has grabbed the property and it is only in

the year 2018, when a suit for partition was filed, this fact came

to the knowledge of the complainant. It is also mentioned that

conversion order dated 26.6.2018 was challenged before the

Divisional Commissioner, wherein a status-quo order was passed.

A suit under Section 53 of the Rajasthan Tenancy Act was also

filed and a preliminary decree has been passed on 2.3.2021 for

partition of the disputed property by meets and bounds.

3.

It is contended by learned counsel for the petitioners that

the petitioners are bonafide purchasers, who have purchased the

property from Shri Bhanwar Lal, who has purchased the property

from Ram Prakash Mirdha by a regis