DEVENDRA KUMAR @ DEVA Vs. STATE OF C.G

JUDGEMENT

(1.) Heard on the question of admission. The Petitioner has filed this petition invoking inherent jurisdiction of this Court under Section 482 of the CODE OF CRIMINAL PROCEDURE, 1973. The Petitioner has prayed for the quashment of FIR of Crime No. 117 of 2004 registered at Police Station Utai, Distt. Durg (C.G.) for the offences punishable under Section 354, 294 and 323 of the Indian Penal Code and in consequence, also for quashment of entire proceedings of Criminal Case No. 324/2004 pending in the Court of Judicial Magistrate, First Class, Durg.

(2.) The brief facts of the case are that on a First Information Report lodged by one Kumari Bai Sahu, a married lady aged about 30 years, the aforesaid crime No. 117/2004 was registered against the Petitioner for the offences punishable under Sections 354, 294 and 323 of IPC. The First Information Report contains the name of the Petitioner. It further contains that on the date of incident i.e. 29-3-2004 at about 12.30 p.m., the complainant went to the Photo Studio of the Petitioner for taking out her photographs for preparation of a Gard hold by the persons coming below the poverty line. She was all alone. The Petitioner took her inside the studio and said her to sit there. Thereafter, he caught hold the hand of the prosecutrix saying that ??? ?? and thereafter he started pulling the prosecutrix towards him. He also tried to pull off the 'Saree' of the prosecutrix. On this, the prosecutrix gave 3-4 slaps to him and ultimately she came out from the Studio. The Petitioner also came out from the Studio and started abusing the prosecutrix. He also assaulted the prosecutrix on her back and the head.

(3.) As mentioned above, the incident took place on 29-3-2004 at about 12.30 hours and the FIR was lodged on the same day at 13.00 hours. During the course of investigation, the Police recorded the statements of the complainant Kumari Bai, Roop Ram, Kishan Dewangan, Sitaram, Mahesh Yadav and Panchram and send the prosecutrix for medical examination and thereafter the charge-sheet was filed in the Court of Judicial Magistrate, First Class, Durg under the aforementioned sections.