N.K. VISHWAKARMA Vs. DEENDAYAL

JUDGEMENT

(1.) This M.Cr.C under Section 482 Cr.P.C has been preferred by the petitioner to quash the order dated 19.08.2015 in Cr.R No. 61/14 passed by ASJ, Bijawar, Distt. Chhatarpur arising out of order dated 26.02.2014 in Criminal Case No. 65/2014 passed by the learned JMFC, Badamalhara, Distt. Chhatarpur whereby the learned Magistrate has registered the criminal complaint case against the petitioner for the offence punishable under Sections 347, 384, 388, 323, 294 of IPC. The learned Revisional Court has also affirmed the order of learned Magistrate.

(2.) According to case, respondents No. 1 and 2 filed a complaint before JMFC, Badamalhara stating that on 19/11/2013 a quarrel was taken place between the respondents and some persons of village against which he had gone to police station for registering the complaint. The petitioner was working as in-charge officer of said police station. According to complainants, the accused persons complicit with the petitioner, thus, the petitioner had not registered their FIR. On the contrary, petitioner has registered the case against the complainant/respondent No. 1 and 2 and threatened them to make compromise with the accused persons. It is also alleged that the petitioner has demanded Rs. 5000/- as bribe. It is further alleged that on 28.11.2013, when the other applicant namely Nandlal went to police station for furnishing bail of respondent No. 1 and 2, petitioner assaulted him and took Rs. 3000/-. The respondent No. 1 and 2 had approached the higher authorities but no action had been taken against the petitioner. They requested to Court to take action against the petitioner.

(3.) The learned JMFC has recorded the statements of witnesses and vide order dated 26.02.2014 has directed to register the case against the petitioner for the aforesaid offences.