GHANSHYAM ALIAS RAJA JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner sought for quashment of the criminal proceeding pending against the petitioner herein in the Court of learned Judicial Magistrate 1st Class, Raipur as Criminal Case No. 175 of 2013 on the ground that continuance of criminal proceedings against the petitioner in the facts and circumstances of the case is not only abuse of process of law and abuse of process of Court, but also in violation of the fundamental rights of the petitioner guaranteed under the Constitution of India.

(2.) Heard Mr. Shailendra Dubey, learned counsel for the petitioner. Also heard Mr. Avinash Singh, learned Panel Lawyer, appearing for respondent No. 1/State.

(3.) Mr. Dubey learned counsel for the petitioner submits that the petitioner has been charge-sheeted under Ss. 420, 419, 467, 468, 471 and 120B of the Indian Penal Code (IPC) with the allegations that the petitioner along with other co-accused persons hatched up a conspiracy to grab the valuable land of complainant, namely, Pramod Kumar & Others and in execution thereof filed a civil suit for possession on behalf of Mehtarin Bai, Sitabai and Geetabai for possession by forging their signature. On a complaint being filed by complainant, the offence under Ss. 467, 468, 471 and 120B of the IPC was registered by the Police and on registration of offence, the petitioner has applied fro grant of anticipatory bail which was granted to him by the trial Court vide order dtd. 18/7/2011.