IRFAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through Video Conferencing.

(2.) The appellant is apprehending his arrest in connection with Crime No.541/2020 registered at Police Station-Kotwali Dindori, District-Dindori (M.P.) for the offences punishable under Section 420 of IPC and Section 3(1)(/k) of SC/ST Act.

(3.) As per prosecution case, complainant/respondent No.2, who belongs to Scheduled Tribe community, has filed a complaint against the appellant stating therein that in the year 2018, the election of Legislative Assembly, Madhya Pradesh, was held. Complainant/respondent No.2 is resident of Village Ganeshpur, District Dindori. He wanted to contest the election of said assembly as a member of Indian National Congress Party. Appellant promised him to provide a ticket of Member of Legislative Assembly, but he cheated him and received some amounts during the period from 10.09.2017 to 29.07.2019. Complainant/respondent No.2 had given Rs.20,000/-, 30,000/-, 35,000/-, 40,000/-, 2000/-, 3000/-, 4000/-, 5000/-, 10,000/-, 14,000/- and 15,000/- respectively to the appellant in order to get the ticket of Member of Legislative Assembly. Complainant/respondent No.2 had also booked his train ticket on 18.1.2018 and transferred Rs.10,000/- in the SBI account of appellant but the complainant/respondent No.2 did not get any ticket from the Indian National Congress Party. Thereafter, he inquired the matter and it came to his knowledge that appellant did not give any proposal for his ticket to the office of Indian National Congress Party, then complainant/respondent No.2 demanded his amount back. The appellant only returned Rs.18,000/- on 29.07.2019. Complainant/respondent No.2 again demanded his amount, then appellant abused him remarking on his caste and told him that he will never return the balance amount i.e. Rs.3,65,000/- to the complainant. Thereafter, complainant/respondent No.2 lodged the FIR in Police Station-Dindori, which was registered as Crime No.541/2019 for the aforesaid offences.