MOHMAD ARIF YAKUB MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, read with Section 482 of the Criminal Procedure Code, the petitioner - original accused has prayed for an appropriate order to quash and set aside the FIR being CR No. 147 /2007 registered with Varachha Police Station, Surat for the offences punishable under Sections 365, 384, 323, 504, 503 of the Indian Penal Code (for short "IPC").

(2.) A criminal complaint / FIR has been filed by one Noorjanh on 28.03.2007 at Varachha Police Station, Surat against the petitioner and others for the offences punishable under Sections 365, 384, 323, 504, 503 of the IPC alleging inter-alia that on 28.03.2007 the petitioner and one another came near the house of the complainant and had shown one newspaper and told what is written in the newspaper and the petitioner told that the complainant is supplying / selling liquor against which the complainant told how the petitioner can write anything against her. At that time the complainant was dragged up to near by ST Depot and was beaten and the petitioner has threatened that why complainant has stopped selling liquor and told that she should start selling liquor and pay Hafta to him, otherwise he would start writing in the newspaper; that he also told that he knows so many things against the persons who are selling liquor. It is alleged that at that time when the complainant said that she is not selling liquor, at that time the petitioner has threatened the complainant to start selling liquor, otherwise life of her children and herself would be in danger. Therefore, it is alleged in the complaint that the petitioner is time and again harassing her and extorting money. Therefore, it is alleged that the petitioner and another have committed the offences as alleged. Being aggrieved and dissatisfied with the same, the petitioner has preferred the present petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code to quash the impugned complaint / FIR.

(3.) Mr.Dave, learned Advocate appearing on behalf of the petitioner has vehemently submitted that the petitioner is a press reporter of one daily newspaper 'Samna Bhrastacharka'. Being press reporter, he is publishing news in the said newspaper regarding illegal activities like selling liquor, gambling and prostitution etc. and on 28th March, 2007 the petitioner requested the concerned Police Officer to take action in this behalf. It is stated by him that respondent No.2- original complainant is selling liquor and doing illegal activities not permitted under the law and to harass the petitioner, impugned complaint has been filed / registered. It is submitted that Managing Director and Proprietor of above newspaper had initially written a letter to the Secretary Gujarat Takedari Aayog, Gandhinagar stating that the press reporters are being harassed by the concerned Police Officer and therefore, it was requested to give protection. It is submitted that impugned FIR has been filed as pressure tactics and to harass the petitioner with a mala fide intention and therefore, it is requested to quash the impugned complaint / FIR.