MUNKU RAM SARTHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Cr.P.C. for quashing and setting aside the F.I.R. registered at Police Station Kotwali, Jashpur on 6-5-2004, the investigation and the proceedings pending in Crime No. 113/2004 on the basis of the said F.I.R.

(2.) For deciding this petition, the facts in brief compass are that, the petitioner is an I.A.S. Officer, who was posted as Collector, Jashpur from 4-12-2000 to 2-1-2003. The respondent No. 3, Smt. Lily Kujur, during that period, was posted as Supervisor in the Woman and Child Welfare Department and the said Department was under control of the Collector, Jashpur. Smt. Lily Kujur sent a complaint to various higher authorities including Police specifically alleging that the petitioner, who was the Collector, Jashpur, very often called her to his bungalow, and instead of official work, on such pretext, used to talk about her personal life. On 16-10-2001, she was called by the petitioner. She refused to go, then a message was given to her through her colleague Supervisor Smt. Sushma Shahi that, the Collector, Jashpur has called her for official work. Therefore, she visited the Collector's bungalow, where the petitioner gave her various threats, and putting her in fear, committed rape on her and thereafter continued the physical relation till 24-6-2002. When Smt. Lily Kujur, on 24-6-2002, finally refused to surrender herself in future and threatened him to report the matter to Chief Minister, she was suspended from her duty on 26-6-2002 by the petitioner.

(3.) The State Government, on receiving the complaint of Smt. Lily Kujur, to know the correctness of the allegations, requested Chhattisgarh Minority Commission to make necessary enquiry and submit its report. The Chhattisgarh Minority Commission, headed by Shri Ranjan Dayal, after due enquiry, taking statement of various witnesses and considering various records, found the allegations levelled by Smt. Lily Kujur to be false and accordingly submitted its report. In the capacity of Collector, Jashpur, the petitioner passed some orders cancelling the revenue patta issued in favour of family members of Shri Nand Kumar Sai, the Opposition Leader in Vidhan Sabha and also took steps to declare her daughter disqualified to continue as Chairperson, Janpad Panchayat. As a result thereof, Shri Nand Kumar Sai started raising the issue of Smt. Lily Kujur, therefore, again the matter was referred to Commissioner, Bilaspur Division, Bilaspur for enquiry. The Commissioner, Bilaspur Division, Bilaspur Shri Narayan Singh in his enquiry, examined a number of witnesses and considered various documents, T. A. Bills encashed by Smt. Lily Kujur and her colleague, log book maintained by the driver of the petitioner and other documents. The Commissioner, Bilaspur Division, Bilaspur was not only referred to enquire into the allegations made by Smt. Lily Kujur but also a number of complaints made against the petitioner were referred to him for enquiry. As regards the allegations made by Smt. Lily Kujur, although no specific clear finding has been given by the Commissioner in his report, implledly the said report suggests that the complaint made by Smt. Lily Kujur was not tallying with the factual matrix and available documents or to say the complaint was not found to be correct.