SBCRMP1972/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Criminal Miscellaneous Petition No.1972/2010 Smt. Pinki Choudhary Vs. State of Rajasthan through PP Date of Order ::: 25.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Yogesh Kumar Sharma, Counsel for petitioner Shri Piyush Kumar, P.P. for the State #### By the Court:- This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed by petitioner with prayer that FIR No.138/2010 registered at Police Station Transport Nagar, Jaipur City (East), Jaipur under Sections 420, 467, 468, 471 and 120B of the IPC, be quashed. It is contended that petitioner was brought up by complainant and her husband Premveer Singh, as their daughter and in fact her marriage was also solemnized by them. In F.I.R. it is stated by complainants that they voluntarily gave plot in question to petitioner for residence purpose. The gift deed is genuine and witnesses to gift-deed, namely, Maya Devi and Ram Singh have given affidavit to this SBCRMP1972/2010 // 2 // effect. The will is a genuine document. Investigation has not been conducted by police in correct lines and that there can be no reason for petitioner to forge gift-deed particularly when original gift-deed is said to be in possession of complainant herself. Complainant is real maternal aunt of petitioner. Matter is of civil nature for which civil litigation is also pending between parties in which interim injunction has been passed in favour of petitioner. Petitioner has already been allowed benefit of bail under Section 439 of the Cr.P.C. Learned counsel for petitioner submits that police is not taking any step to get signature of Shri Premveer, executor of gift-deed and will, tallied from his admitted signatures from handwriting expert so as to verify its authenticity. Learned Public Prosecutor opposed the petition and submitted that witnesses to gift- deed have denied execution of any such gift- deed and therefore it is not a case where if contents of F.I.R. are accepted in its entirety, it can be said that no case is made out. Having regard to relationship of complainant with petitioner and fact that SBCRMP1972/2010 // 3 // petitioner was allowed to use disputed plot by complainant, I direct the investigating officer to make fair investigation of the matter in the light of observations made above and conclude the investigation as expeditiously as possible. Petition stands disposed of. (Mohammad Rafiq) J. //Jaiman//