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Suresh Kumar & Anr. vs. State of Rajasthan

34.00 3.40

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Penal Code, 1860–Secs. 448 & 148–FIR for the offence–Allegation that the accuseds trespassed into the plot of complainant by breaking open the receivers’s lock and flouted the attachment order–Record of case revealing that the land was purchased by father of petitioners and they are in possession of same since year 1993–Complainant is trying to retake the possession by resorting frivolous criminal proceedings–Subsequent to FIR, the order of attachment was passed, but the possession was never taken and thereafter the proceedings were quashed by revisional Court–If the petitioners trespassed into the land under receivership, the receiver would be best concerned person to file the proceedings against them–FIR is nothing but an attempt to misuse the criminal process–Quashed.