CRLMP2024/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.2024/2010 Khyali Ram and Others Vs. State of Rajasthan through P.P. And Another Date of Order ::: 01.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Sunil Kumar Singodiya, Counsel for petitioners Shri Peeyush Kumar, Public Prosecutor #### By the Court:- This petition under Section 482 Cr.P.C. has been filed by petitioners, who are respectively Sarpanch, Patwari and Girdawar of village Todi, Tehsil Udaipurwati, District Jhunjhunu, for quashing of First Information Report No.323/2010 registered at Police Station Gudhagorji, District Jhunjhunu for offence under Sections 420, 467, 468 and 471 IPC. It is contended that other accused, who are brothers of complainant, presented mutation which was duly verified by independent witnesses. It was unanimously approved by Gram Panchayat including all Panchas. There is no justification of criminal case against petitioners. Complainant has already availed of remedy before revenue Court and mutation order has been stayed by that court by its order dated 26.10.2010. Petitioners are being unnecessarily harassed. Petitioner No.2 has duly CRLMP2024/2010 // 2 // made an enquiry from other relatives and petitioner No.1 Sarpanch Khyali Ram also certified himself about fact that there was no other legal heir of deceased Ram Kumar to inherit his properties. In the facts of the case, so-called enquiry that was held by petitioner was totally false because it cannot be accepted that if Ram Kumar had four children, out of them two were sons and two were daughters, would not be known to other residents of village. However, it clearly appears that enquiry that was made was totally false. Coming now to allegation of committing manipulation, Investigating Agency would find out whether or not any fabrication was done by petitioners or brothers of complainant. Present one does not fall within ambit of Section 482 Cr.P.C., and this Court is not inclined to interfere with the matter for quashing FIR. Petitioners may produce before Investigating Agency all such material which they want to rely on to prove their innocence. Petition is dismissed, however, with aforesaid observations. (Mohammad Rafiq) J. //Jaiman//