Cr Msc 36/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Cr. Msc. Petition No.36/2008 Sarwan @ Devi Sahai Versus State & Anr. Date of Order ::: 15/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Nawal Singh Sikarwar, for petitioner Mr. Arun Sharma, Public Prosecutor Instant petition U/s 482 CrPC has been filed for quashing FIR-697/07 registered at PS BandiKui (Dausa) for offences U/Ss 420, 467, 471, 468 & 120-B, IPC. Naib Tehsildar Baswa (Dausa) lodged a report on 27/09/07 alleging inter-alia that petitioners alongwith others sold the land in dispute through registered sale deed dt.22/08/07 whereby petitioner has committed forgery and document has been registered in favour of Gulkandi while there is no such person named Shrwan S/o Ram Sahai Meena in village Rambas; as such very document registered at the instance of petitioner appears to be forged. Basic grievance of petitioner is that Devi Sahai & Shrwan are one and the same. Earlier land was mutated in favour of Ramsahai and thereafter mutation was opened in favour of Sarwan Cr Msc 36/08 //2// – in support whereof, certain documents have also been placed on record to satisfy this Court that there is no person Shrwan as alleged and persons in whose favour mutation was opened, who alone sold the land and got sale deed registered. From a perusal of first information report impugned (Ann.1) in the opinion of this Court, offence as alleged therein are prima facie made out and explanation furnished by petitioner can be considered by investigating officer but not as no opinion can be expressed particularly when matter is at the investigation stage. Hence this Court does not find any substance to interfere at this stage. Consequently, misc. petition is hereby dismissed. However, it is made clear that if documents in support of his case are submitted by petitioner, it is expected of the investigating officer to consider objectively before arriving at any conclusion during investigation. (Ajay Rastogi), J. K.Khatri/p.2/36CrMscP08FIR.doc