ATAL SHRIVASTAVA Vs. STATE OF CHHATTISGARH /STATE

JUDGEMENT

(1.) THE applicant, claiming to be an active political and social worker being a member of principal opposition party in the State as also a reputed builder and colonizer, has moved this application under Section 438 of the Cr.P.C. for grant of anticipatory hail, as he apprehends his arrest in connection with Crime No.330/ 2011, registered in Police Station Civil Lines, Bilaspur for offence under Sections 353, 332, 294, 506, 307 and 323/34 of the I.P.C..

(2.) COMPLAINANT O.P.Tiwari working as Superintendent Engineer in the Municipal Corporation, Bilaspur, lodged an F.I.R. on 20.06.2011 at 19.45 hours alleging that when he was performing the official work in his office in the Municipal Corporation Bilaspur, both the accused persons came to his office at about 7 P.M. and started making enquiry about his file and when they were informed that because of electricity problem he could not see the file and they should come tomorrow, the present applicant became enraged and started abusing the complainant by using obscene language and said that the complainant has to put his signature on the file instantly and threw all the files on the ground which were kept on the table of the complainant. The applicant caught hold of the collar of the shirt and when the complainant stood up, co -accused caught hold of his waist and the applicant started pressing his neck by using his both the hands and was saying that he will not spare the complainant. Because of the pressure on his neck, his breath started feeling obstruction and he could raise his voice with difficulty and at that time other employees of the Corporation came to the place of occurrence and separated the complainant and the accused persons.

(3.) LEARNED senior counsel appearing on behalf of the applicant argued that the applicant is a builder and his file seeking colonizer licence was pending since 2009 and the complainant was demanding bribe for clearing the file. However, when the applicant went to the office, the complainant attacked him and threw the chair on him causing injuries to the applicant. The matter was reported, but the police did not register any offence. It is further argued that initially he was admitted in the Chhattisgarh Institute of Medical Sciences, Bilaspur from where he was referred to the Apollo Hospital, Bilaspur and thereafter he was referred to the Higher Medical Centre at Delhi. According to learned senior counsel, the complainant was aggressor and the injury on the person of the applicant was found to be lacerated wound whereas the injuries on the person of the complainant were simple in nature. It is further submitted that taking the prosecution case as a whole, offence under Section 307 of the I.P.C. is not made out. Except offence under Section 307 of the I.P.C., all other offences are triable by the Judicial Magistrate 1st Class wherein jail sentence is not mandatory. He would also submit that though the applicant was obtaining medical treatment during this period, yet the prosecution has completed the investigation and filed the charge -sheet, thus investigation is complete. He has relied on judgments in the matters of Sanjay Kumar &Anr. v. State of M.P.,1994 Supp.(1) SCC 502; Bharat Chaudhary and Anr. v. State ofBihar and Anr. , 2004(1) Criminal Court Cases 322 (S.C.) : 2004(1) MPLJ 490, Ravindra Saxena v. State of Rajasthan, 2010(1) Apex Court Judgments 137 (S.C.) : 2010(1) Criminal Court Cases 116 (S.C.) : 2010(1) SCC 684.; State of Maharashtra &Anr. v. Mohd. Sajid Husain Mohd S.Husain etc., 2007(4) Criminal Court Cases 413 (S.C.) : AIR 2008 SC 155 and Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors., 2011(1) Criminal Court Cases 261 (S.C.) :2011(1) Apex Court Judgments 137 (S.C.) : 2011(1) SCC 694.