Laxminarain S/o Rambux vs The State of Rajasthan

This criminal misc. petition under Section 482 Cr.P.C. is filed

by the petitioner being aggrieved with the order dated 09.10.2014

passed by the Additional Chief Judicial Magistrate No.4, Bikaner

(hereinafter to be referred as ''the trial court'') in criminal case

No.66/2013 whereiby it has accepted the final report submitted by

the police in FIR No.111/2013 of Police Station Gangashahar

District Bikaner has rejected the protest petition filed by the

petitioner.

The brief facts of the case are that the petitioner has filed a

complaint in the trial court alleging that the respondent No.2

Meghraj Bothra has forged signatures of his mother Banarsi Devi

and prepared forged documents with intention to grab the land

belonging to her. The complaint filed by the petitioner was

forwarded to the police for investigation under Section 156(3)

Cr.P.C. and the FIR No.111/2013 was registered at Police Station,

Gangashahar for the offences punishable under Sections 420, 467,

468, 471 IPC read with Section 3(15) of the SC/ ST Act . The police

after thorough investigation submitted negative final report while

concluding that in a criminal case No.36/1996 decided by the

Special Judge SC/ ST Act Cases, the mother of the petitioner

Banarsi Devi and his Sister Gavra Devi admitted that their

signatures on the documents which the petitioner is claiming are

forged. The police has therefore concluded that in view of the

judgment passed by a criminal court, no offence alleged by the

petitioner in a complaint is made out. The police has concluded

that the said criminal case, in which the SC/ST Court has given a

judgment. was filed by the father of the petitioner. Being

aggrieved with the final report submitted by the police, the

petitioner has preferred the protest petition and in support of it,

has recorded the statement of himself and one other witness

under 156(3) Cr.P.C .

Learned trial court after taking into consideration the

statements of the petitioner and one other witness recorded in

support of the protest petition has observed that once on the

documents, which are alleged to be forged, the mother and the

sister of the petitioner have admitted their signatures and a

criminal court has passed the decision on the basis of the said

admission, the police has not committed any illegality in

submitting the final report in the complaint filed by the petitioner.

The trial court has further observed that in support of the protest

petition, the petitioner has failed to get the statements of her

mother and sister recorded and as such there is no evidence

available on record to suggest that the respondent-2 has forged

signatures of those persons.

Having considered the facts and circumstance of the case

and after going through the negative final report submitted by the

police and the impugned order passed by the court below, I do not

find any illegality in the same. Hence no interference is called for.

Accordingly, this criminal misc. Petition is dismissed.