RAJENDRA NILKANTHBHAI MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Code of Criminal Procedure, the petitioner seeks challenge the quashment of the FIR registered as CR No.II-61 of 2015 with A- Division Police Station, Rajkot for the offence punishable under Sec. 186 of the Indian Penal Code.

(2.) The facts which can be garnered from the FIR is that the petitioner is a businessman involved in the transportation business and on 17/10/2015 at about 11:00 hours, respondent no.2 went to the offence of the petitioner for serving sumons issued in the name of aged father of the petitioner which pertains to Criminal Case No.6145 of 1999. According to the petitioner, at the relevant time, office was under renovation and the labourer present there asked the Constable to visit the second office. It is alleged that respondent no.2 had visited the second office of the petitioner and used unparliamentary language threatening the petitioner with the dire consequences. Since the petitioner did not accept the summons which was in the name of the aged father of the petitioner, some dispute took place between both the parties. In the background of above facts, respondent No.2 filed the FIR alleging that the petitioner has obstructed him in performing or discharging his public duty.

(3.) Learned Advocate for the petitioner firstly submit that the FIR in question is a counter-blast which came to be lodged by the Police Constable to save his skin as he has made ruckus and used unparliamentary language. He would further submit that there is no obstruction at the hand of the petitioner preventing the respondent no.2 to discharge his duty.