YOGESH BAJPAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Cr.P.C. against the order dated 17.03.2021 (Annexure P/1) passed by First Additional Sessions Judge, Bilaspur, DistrictBilaspur (C.G.) in Criminal Revision No. 36/2021 (Yogesh Bajpai Vs. State of Chhattisgarh), by which the order dated 27.10.2018 (Annexure P/2) passed by learned Judicial Magistrate First Class, Bilaspur, District- Bilaspur (C.G.) in Criminal Case No. 774/2013, has been affirmed and application filed by the petitioner under Section 311 of the Cr.P.C. has been rejected.

(2.) The brief facts as projected by the petitioner, are that a criminal case has been registered against the petitioner under Sections 294, 506 (Part-II), 323, 325, 332, 186 of I.P.C. for committing offence on 04.02.2011 at about 07:00 p.m. near Golbazar, Phool Chowk, P.S.- City Kotwali, Bilaspur, as the petitioner had used filthy language and threatened to complainant- Umakant Kaushik & Irfan Ul Rahim Khan. Complainant- Umakant Kaushik police Constable & Irfan Ul Rahim Khan Deputy Superintendent of Police posted at traffic police station, Bilaspur, were discharging their duties being public servants.

(3.) The learned trial Court vide its order dated 27.10.2018 has held that the accused has committed offence under Sections 294, 353 & 332 of I.P.C. and sentenced to undergo simple imprisonment for 0 day, 1 year & 2 years and fine of Rs. 500/-, 1000/- & 1000/- respectively and in default of payment of fine to undergo further simple imprisonment for 7 days, 15 days & 15 days respectively.