CHHEDILAL AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have preferred this petition under Article 226/227 of the Constitution of India for quashing the FIR dated 21-6- 2018 registered as Crime No. 264/2018 for offence under Sections 191, 193, 195, 211, 420 read with Section 34 and 120-B of IPC, 1860 at Police Station Balco Nagar as well as the charge-sheet in connection with aforesaid crime.

(2.) As per version of the petitioners, there is land dispute regarding survey No. 188/1F area 0.07 acres and 175/8 area 0.07 acres between the petitioners and one S.M. Sarangpani which is situated at Korba, Pawari Halka No.9, Revenue Circle, Korba, District Korba, CG. Respondent No.2 threatened the petitioners on many occasions. The petitioners have filed a complaint against the respondents before various authorities much before registration of the present crime. Respondent No.2 initiated suo moto revenue proceeding on the ground that on 25-9-2017 the petitioners have left some documents. As per petitioners, documents were received under Right to Information Act and proceeding of Revenue Case No. 47-A-17/2016- 2017. When the Reader of the Court of Tahsildar, Korba checked the record of Tahsildar, it is found that the proceeding of said revenue case is fake and fabricated and thereafter respondent No.2 passed an order directing the police authorities to register FIR against the petitioners. The entire proceeding is malicious and arbitrary and the petitioners have been falsely implicated. In the present case the police authorities have not investigated the signature of respondent No.2 as well as S.M. Sarangpani and there is nothing on record regarding involvement of the present petitioners in the crime in question. Civil remedy is available in the present case, therefore, initiation of criminal proceeding is clearly abuse of process of the court, therefore, FIR as well as charge-sheet against the petitioners be quashed.

(3.) Learned counsel for the petitioners submits as under.: