AMAR SHRIVASTAVA Vs. MUNNA NIHARIYA@ MUNNA KHAN

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C has been preferred for quashment of the complaint Case No.70/2017 under section 323/149 of the IPC pending before the Additional Chief Judicial Magistrate Nowgaon, District Chhatarpur.

(2.) The facts giving rise to this petition are that the respondent has filed a complaint before the JMFC, Naogaon against the applicants on 10/03/2014 stating that on 26/06/2013, he went to the office of MPEB Naogoan to get electricity bill corrected and when he made request to correct the bill, he was asked to wait and in last near about 5 PM he made request to Assistant Engineer (Amar Shrivastava/Applicant no.1) to help him but the applicant no.1 used abusive language when he was resisted by the complainant, the applicant no.1 called other employees of the office, who were the applicant no.2 to 6 and they all beaten him and caused injury and also threatened him if the FIR is lodged, they will kill him and against him false FIR was lodged by the applicant no.1 and he was arrested and produced before the Magistrate and on the direction of the Magistrate his injury was examined by the doctor and at the time of the incident Bhupat Ahirwar and Kamlesh Yadav were present, who witnessed the incident and learned trial court after recording the statement of the witnesses and calling the report from the police, took cognizance by order dated 21/02/2017 under section 323 read with section 149 of the IPC.

(3.) The aforesaid proceeding has been challenged here on the ground that the aforesaid complaint is false and filed as a counter blast maliciously with oblique motive as the applicant no.1 lodged FIR against the respondent on 26 th June, 2013 stating that the respondent came in the office of the applicants in drunken condition and made quarrel and used abusive language and assaulted and caused injury to applicants Rajaram, Ramlal and Shiv Kumar at police station Nowgaon, District Chhatarpur, and Crime No.220/2013 was registered and after medical examination and on completion of the investigation, the charge sheet was filed against the respondent and the proceeding is pending against him. Apart from it, learned Magistrate has failed to appreciate the evidencial material and the police report also does not support the complainant and pointed out that on account of filing of the charge sheet against the respondent, he has made false complaint and the order shows that only the complaint and statement of complainant has been considered and the order does not show that there was any medical report on the record or any other witnesses have been examined to get support of the complaint, which shows that without application of the mind the order of the cognizance has been passed. Aparently, the complaint has been filed maliciously with ulterior motive for wreaking vengenance. Therefore, the proceeding deserve to be set aside.