RAM PRAKASH KATIYAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. The petitioner has filed this petition for quashment of the first information report (annexure-P/12) dated 10.1.2010 registered at crime no. 11/2010 in police station Bhilai Nagar, district Durg. The F.I.R. has been registered u/ss 448 & 506 part-II/34 IPC. The petitioner has also prayed for registration of the F.I.R. on his report dated 15.01.2010 (annexure- P/13) and the report lodged by her daughter on 18.01.2010.

(2.) According to the F.I.R. (annexure-P/12), on 10.1.2010 at about 9.10 a.m., the petitioner and the other unknown persons went to the quarter of respondent no. 3, took out house hold articles and threw them on the road. On resistance, the petitioner said that the said quarter has been allotted to him therefore, respondent no. 3 should vacate the quarter the allegations are that on resistance of respondent no. 3, the petitioner caught her by hair and took her out of the premises. According to respondent no. 3, the petitioner also took mobile-set of respondent no. 3, but later on, when the petitioner went to the police station, he handed over to the same to her father. The petitioner also threatened the life of respondent no. 3.

(3.) Mr. Uttam Pandey, learned counsel for the petitioner, vehemently argued that the said report is a false report, as totally false allegations have been made against the petitioner therefore, the same should be quashed. He submitted that F.I.R. is an outcome of malafide in account of direction for vacating the quarter by respondent no. 3 which has been allotted to the petitioner by the concerned authority.