Laxman Dahima & Ors vs State Of Rajasthan & Anr

The petitioners have preferred this misc. petition under Section 482 of Cr. P.C. for quashing of FIR No.371/2017 lodged qua the petitioners at P.S. Goverdhan Vilas, District Udaipur for the offence under Sections 420, 427, 447, 452, 120-B IPC and U/s. 3(1)(v), 3(1)(x), 3(1)(d) SC/ST (Prevention of Atrocities) Act, 1989.

Counsel for the petitioners submit that the FIR is regarding illegal encroachment and trespass by petitioners on the land of complainant. Counsel for the petitioners submit that the land was purchased by petitioner no.1 through registered sale-deed dated 9.1.2015 from Harji Gameti. Counsel for the petitioners further submitted that Harji Gameti purchased the aforesaid land through registered sale-deed from Nathi, Bhagu and Verdu on 11.6.2014. The petitioner no.1, thus, being the subsequent purchaser is in peacefully possession and enjoyment of the property after taking due electricity connection etc.

Counsel for the petitioners submits though the title is perfectly in favour of petitioners but in case there is any discrepancy in the title, then remedy for the complainant lies elsewhere.

Learned counsel for the petitioners submit that the petitioners want to submit a representation alongwith all the relevant documents before the concerned investigating authority to redress the issue.

Learned Public Prosecutor assures this Court that if the petitioners submit a representation alongwith all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.

In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioners submit a representation alongwith all the necessary documents before it within a period of ten days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor.

In the peculiar facts of the case, it would be appropriate to grant protection from arrest to the petitioners as it will be a waste of energy and resources of the Police Department to run after the accused to complete the related investigation and without protection it would also cause un-necessary hardship to the accused, who deserves a basic opportunity of explaining his case before the Investigating Authority without fear of arrest. The Investigating Officer, however, shall have the liberty of custodial interrogation after giving 15 days' notice before arrest if required. In the interest of justice and the facts and circumstances noted by this Court, the limited protection is justified. Therefore, if during the investigation, the concerned investigating authority needs to arrest the petitioners, then the petitioners shall be given 15 days' notice before making such arrest. The petitioners shall be required to join the investigation. The petitioners shall be at liberty to approach this Court again, in case need arises.