R P SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY filing this petition under Section 482 of Cr. P. C. the petitioners have prayed for quashing the FIR in Crime No.09/2013 registered in Police Station GRP, Gwalior for offence punishable under Sections 420 and 468 of IPC.

(2.) BRIEF facts necessary for adjudication of this matter are as under: The petitioners are members of North Central Railway Employee's Union, which is registered with Registrar of Trade Union, Kanpur. The copy of the registration certificate is filed as AnnexureA. It is contended that the said Union has large following. In the recent voting conducted for the purpose of recognition, the petitioners' Union secured No.1 position whereas the Union of respondent No.2 was trailing behind at No.3. Attention of this Court is drawn on the document filed at Page 18 which shows the percentage of votes received by the petitioners' Union and by other Unions for the purpose of recognition. It is contended that the petitioners' Union is NCRES whereas the Union of the respondent No.2 is NCRKS. The petitioners'Union secured 56.82% votes whereas respondent No.2's Union secured only 1.53% votes. The case of the petitioners is that the registration of the petitioners' Union is still prevailing and subsisting. As per byelaws of their Union, the petitioners are free to take membership subscription and other funds from their members. In continuation with the legitimate Trade Union activities, the petitioners had collected funds from their members.

(3.) PER contra, Smt. Pachauri, learned Deputy Government Advocate for respondent No.1State supported the FIR and submits that at this stage, no interference is warranted.