SARITA BAI Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition is preferred under Sec. 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for quashment of First Information Report registered at Police Station - Station Road, Ratlam bearing Crime No.572/2018 for offences punishable under Sec. 224, 120-B, 212 and 216 of the Indian Penal Code, 1860 (in short 'IPC') and consequential proceedings including Criminal Case No.1957/2018 pending before the Court of Judicial Magistrate First Class, Ratlam.

(2.) The facts of the case in brief are that the complainant (Constable No.207 Ravi Pahadiya) gave a complaint before the Police Station - Station Road, Ratlam by stating that the present applicant and other co-accused persons helped in absconding the accused, who was in custody for the offence punishable under the Narcotics Drugs and Psychotropic Substances Act, 1985 and another case. On 20/09/2018 co-accused Banti @ Mahipal was brought before the Ratlam Court by the police officials, then with the help of present applicant and other co-accused persons he fled away and absconded from the custody of the police officials. Therefore, a complainant has been launched Station Road Police Station, Ratlam and offence has been registered.

(3.) Learned counsel for the applicant contended that applicant is a old lady aged about 52 years. She has been implicated in this offence only on the basis of memorandum under Sec. 27 of the Evidence Act given by the co-accused persons. Nothing has been recovered from his possession. FIR is very inconceivable. Applicant is the permanent resident of District Indore. FIR is completely an abuse of process of law. In order to harass the applicant and her family members, a false FIR has been launched against her. Hence, it is prayed that the FIR bearing Crime No.572/2018 and further proceeding in Criminal Case No. 1957/2018 pending before the JMFC, Ratlam be quashed.