LAWS(CHH)-2013-6-5

SANTRAM SWARNKAR Vs. STATE OF CHHATTISGARH

Decided On June 25, 2013
Santram Swarnkar Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) WRIT Petition (Cr) Nos. 3566 and 5928 of 2010 involve common facts and common question of law and, as such, require consideration and disposal by the common order.

(2.) BY this petition, the petitioner - Santram Swarnkar (hereinafter referred to as 'S'), who is the father in law of respondent ­ Smt. Nikita Swarnkar (hereinafter referred to as 'N'), seeks quashing of FIR No.717/2008 (Annexure ­ P/1) filed by N against the son of S namely; Pushpal Swarnkar (hereafter referred to as 'P') whereunder N has made allegations of having committed the offence punishable under Sections 341, 294, 506 & 323 of the Indian Penal Code (for short "the IPC"). S further seeks quashing of the notice dated 2.5.2010 (Annexure ­ P/6), whereby S was directed to produce his son P before the Police Station, Supela without any delay.

(3.) AFTER lodging of report, the respondent No.3 conducted an investigation and found nothing against P. Accordingly, the respondent No.3 submitted a report before the respondent No.2 on 27.05.2009 (Annexure P-2). Thereafter, the opinion of the respondent No.4 was sought for by the respondent No.2. The respondent No.4 gave his opinion on 12.06.2009 (Annexure P-3) and advised for closing of the case.