S B MIRZA Vs. NAROTTAM KHARE AND ANR

JUDGEMENT

(1.) Invoking the extra-ordinary powers of this Court under Section 482, Code of Criminal Procedure Petitioner has preferred this petition for quashing the entire proceedings pending before the Courts below i.e. against the order of Sessions Judge, Chhatarpur dated 16.12.2008 unregistered revision arising out of order dated 14.5.2007 in Cri. Case No. 378/07 of the Court of J.MF.C. Nawgaon, district Chhatarpur by which the learned Magistrate has issued process in respect of offence under Section 294 and 342 of IPC against him.

(2.) The undisputed facts of the case are that:

(3.) The short facts of the case are that since the Petitioner registered a case under Section 13 of Gambling Act and arrested 10 persons including Arvind Khare the son of complainant/ Respondent No. 1 Narrotattam Khare. Respondent No. 1 came at P.S. Nawgaon, district Chhatarpur and interfered in the working of Police and he threatened the Petitioner saying that he will see and he will involve him in some fake and false rape case etc. As there was need so Petitioner taken cognizance against some of the persons including Arvind Khare son of Respondent No. 1 for the offence Under Section 151, 107 and 116 of Code of Criminal Procedure and arrested them in custody, afterward on the same day, they have been granted bail from the Executive Magistrate. Respondent No. 1 felt annoyed and in order to take revenge, lodged a complaint Criminal case on 26.4.2007 against the Petitioner and other persons police personel before the J.M.F.C. Nawgaon, district Chhatarpur. Learned J.M.F.C. Nawgaon, district Chhatarpur on 14.5.2007 registered the criminal complaint case as Cri. Case No. 378/07 for the offence Under Section 294 and 342 of IPC after recording evidence of complainant Under Section 200 and his witnesses Under Section 202 Code of Criminal Procedure against the Petitioner and 3 other police personnel.