SBCRMP1977/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Criminal Miscellaneous Petition No.1977/2010 Manoj Banda Vs. The State of Rajasthan and Another Date of Order ::: 25.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Nitin Jain, Counsel for petitioner Shri Piyush Kumar, PP for the State #### By the Court:- This criminal miscellaneous petition under Section 482 of Code of Criminal Procedure has been filed by petitioner with prayer that F.I.R. No.227/2010 registered at Police Station Baran Sadar, Baran, for offence under Section 429 of Indian Penal Code, be quashed. It is contended by Shri Nitin Jain, learned counsel for petitioner, that petitioner has been falsely implicated in present case inasmuch as what is alleged is that five buffaloes of complainant had gone to agriculture field of petitioner whereat they consumed poisonous water and as a result thereof they died. Learned counsel relied on report dated 21.01.2010 of Forensic Science SBCRMP1977/2010 // 2 // Laboratory and has argued that result of examination of viscera indicated that it had tasted positive for the presence of urea and negative for metallic poisons, alcohol, cyanide, alkaloids, barbiturates, tranquillizers and insecticides. It is contended that urea is generally used in agriculture field for cultivation purpose. Learned counsel referred to revenue record of agriculture fields in question and argued that petitioner is a khatedar of khasra no.276 whereas alleged incident has taken place at khasra nos.222 and 226. It is contended that police is harassing accused-petitioner for the reasons that complainant himself is constable with police in Baran District itself and for that reason proper investigation is not being conducted. There is no element of intention. Even if cattle on their own entered agriculture field and consumed water which was containing urea, the petitioner cannot be held responsible for offence under Section 429 IPC because offence should have been committed with knowledge as well as intention. Learned Public Prosecutor opposed petition and submitted that all these facts would be looked into by investigating agency SBCRMP1977/2010 // 3 // and there is no reason that investigating agency would proceed to file challan against accused-petitioner if offence is otherwise not made out. Having regard to nature of allegation and fact that there is no finding of consumption of poison but the viscera report has tested positive for the presence of urea, which is generally used for agriculture purpose, I see no reason that the investigating agency would not look into all these aspects of matter including that buffaloes consumed water in the field of somebody else and not of accused-petitioner. The Superintendent of Police concerned would ensure fair investigation in the matter. With the observation aforesaid, present petition is disposed of. (Mohammad Rafiq) J. //Jaiman//