MANISH TIWARI Vs. STATE OF C. G.

JUDGEMENT

(1.) The petitioner, who is working as an Assistant Professor in D.P. Vipra College, Bilaspur, has filed present writ petition under Article 226 of the Constitution of India for quashing FIR No. 0036 dtd. 25/6/2018 (Annexure P/1) registered against him on the basis of complaint made by respondent No. 4 at Women Police Station, Bilaspur (C.G.) for commission of offence punishable under Sec. 354 (A) of IPC & Sec. 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended 2015) (for short "the Act, 1989).

(2.) The brief facts, as projected by the petitioner, are that Police Station- City Kotwali, District- Bilaspur (C.G.) has submitted final report against respondent No. 4/complainant along with 33 other teaching staff of D.P. Vipra College, Bilaspur in connection with Crime No. 52/2012 registered at Police Station- City Kotwali, Bilaspur before Judicial Magistrate First Class, Bilaspur in Criminal Case No. 9555/2014 for committing offence punishable under Ss. 147, 294, 506 of IPC. The allegations in the said criminal case were that on 8/2/2012, the accused persons have committed offence of unlawful assembly, used criminal intimidation and force with object to harass Dr. Pawan Kumar Tiwari, Ramesh Pratap Singh & present petitioner- Dr. Manish Tiwari. One of the complainants namely Dr. Pawan Kumar Tiwari has been assaulted by throwing chair on him with criminal intimidation committed by them. On the basis of complaint submitted by the complainant, a criminal case has been registered wherein, the petitioner has deposed before learned Judicial Magistrate First Class and the Judicial Magistrate First Class vide its order dtd. 22/6/2018 (Annexure P/3) has convicted the accused persons for committing offence under Sec. 294 of IPC imposed fine of Rs.500.00 each and in default of payment of fine amount to undergo for 20 days simple imprisonment. The operative part of the order dtd. 22/6/2018 passed by the Judicial Magistrate First Class, Bilaspur is extracted below:-

(3.) Learned counsel for the petitioner would submit that being aggrieved by conviction order dtd. 22/6/2018 passed by Judicial Magistrate First Class, Bilaspur, respondent No. 4 has lodged FIR No. 0036 dtd. 25/6/2018 (Annexure P/1) against the petitioner at Women Police Station, Bilaspur for commission of offence punishable under Sec. 354 (A) of IPC & Sec. 3(1)(xii) of the Act, 1989. The contents of the FIR is extracted below:-