BAL KISHAN VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission.

(2.) APPLICANT has filed the present application under Section 482 of Cr.P.C. for quashing the proceeding relating to Crime No.270/2010 registered at Police Station Barhi District Katni for commission of offences punishable under Sections 354 and 506-B of IPC.

(3.) ON the other hand, learned counsel for the State submits that there is no evidence to show that the prosecutrix did not approach the school on 26.8.2010. According to the document, which is part of Annexure A-1, it would be clear that on inspection no complaint was found about the midday meal, and therefore there was no possibility of false complaint against the applicant. In that report, it was mentioned by the Head Master concerned that midday meal could not supply on 26.9.2010, whereas the incident took place on 26.8.2010, and therefore by that document it cannot be said that the prosecutrix was not there in the school on 26.8.2010. At present the statement given by the prosecutrix cannot be brushed aside, and therefore it is not a case in which the FIR as well as the trial may be quashed.