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.