DHANUSH THAKUR Vs. MAMTA SONKAR AND ANOTHER

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this Court under section 482, Cr. P.C., the applicant has filed this petition being aggrieved by the order dated 4.3.2010 whereby J.M.F.C., Jabalpur has taken cognisance against the applicant, for quashing Complaint Case No. 2000/2012 registered by J.M.F.C., Jabalpur against the applicant under section 294 of I.P.C. and section 3 (1) (10) of S.C. & S.T. (P.A.) Act.

(2.) The facts, in a nutshell, giving rise to this petition are that applicant is a regular employee of Victoria Hospital, Jabalpur since 1973. One Jitendra Sonkar quarrelled with this applicant in regard to night duty of his wife Kavita Vishwakarma (Sonkar). On this, applicant made a complaint to the higher authorities (Annexure-A/1). Jitendra Sonkar again threatened the ward boys, other staff nurses and all the staff, who collectively made a representation/ complaint to the higher authorities for transfer of Kavita Vishwakarma (vide Annexure-A/2). On 20.9.2007, the wife of Jitendra was not on night duty, therefore, this applicant made a report to higher authorities (Annexure-A/3). On the basis of aforesaid circumstances, Jitendra quarreled with this applicant.

(3.) Thereafter, on 10.10.2008, a patient, Mamta Sonkar was admitted in Victoria Hospital where Jitendra was regularly visiting her. One departmental ennui is pending against Jitendra Sonkar in the office of D.H.O., Enquire Officer, Local Office, Jabalpur, who issued the notice to the witnesses. He submitted that to set the score with this applicant, complainant-Mamta Sonkar lodged a false complaint against this applicant. J.M.F.C. called for the report from Police Station, AJAK, Jabalpur. S.P. AJAK submitted his report that no such incident has taken place in the hospital premises. Therefore, statement of complainant Mamta was recorded under section 200, Cr. P.C. and that of Rajendra and Jitendra under section 202 of Cr. P.C. and passed the impugned order. Hence, this petition.