HEMRAJ PAWAR Vs. ABDUL RASHEED SHEIKH

JUDGEMENT

(1.) The present petition is filed under Sec. 482 of the Code of Criminal Procedure for quashment of the complaint Case No.14883/2020 and also the order dtd. 25/6/2022 passed in Criminal Revision No.7915/2021 passed by fourth Additional District and Sessions Judge, Indore.

(2.) Facts of the case are that the petitioners are police officers at the rank of Assistant Sub-Inspector (ASI) in the M.P. Police Department. The petitioner No.1 is posted at Azad Nagar Police Station-Indore and the petitioner No.2 is posted at Bercha Police Station - Shajapur and they were posted in the same police station at the time of the alleged incident. The respondent/complainant is retired police officer. Before his retirement he was posted at Bercha District Shajapur on the post of Thana In-charge from 3/10/2015 to 28/2/2017. On 27/2/2017 respondent/complainant sold his home appliances and other articles to one Firoz Jillani. Thereafter on non-payment of installments by Firoz, as per the agreement respondent/complainant filed a complaint and requested to register a case against Firoz Jillani for fraud and cheating at Police Station Shajapur. In the above-mentioned transaction Firoz also filed complaint against respondent/complainant for taking money by defrauding him. For the purpose of the aforesaid complaints the respondent/complainant was not cooperating and not responding to the phone calls of the officer-in-charge. Therefore, Rojnamcha No.08 dtd. 27/6/2017 was recorded and petitioner No.2 was directed to go to Indore for service of notice on the respondent/complainant after recording the rojnamcha No.07 dtd. 27/8/2017. In order to enquire/investigate the aforesaid complaints, a notice was issued to the respondent to remain present before the Thana In-charge (TI), Police Station-Bercha, Shajapur. Thereafter the petitioner No.2 went to the Azad Nagar Police station to serve notice as the respondent/complainant is a resident within the Azad Nagar police station area, Indore. The petitioner No.2 reached at Azad Nagar police station on 28/6/2017 at 17:46 pm to serve notice to the respondent/complainant, here the petitioner No.1 accompanied with petitioner No.2 for service of the notice. The petitioners reached to the respondent/complainant's house to serve the notice. On ringing the bell, wife of the complainant opened the door and informed that her husband is inside the house and asked the petitioners to come inside the house. After some time she informed that that he is not present in the house and has gone to the market. Thereafter, the petitioner No. 2 called the respondent/complainant.on- his Mobile No. 9406600519, but he did not receive the call. Then petitioner No. 1 called the respondent/complainant, he received the call, the petitioner No.2 . informed. about the notice but the respondent refused to accept the notice. Even he threatened the petitioners that now never come to his residence and his house is equipped with CCTV cameras. The petitioners even tried to serve the notice to the family members but in vain they also denied the acceptance of notice. The petitioners, thereafter, came back to the Police station Azad Nagar, Indore and informed the whole incident to their superior and Rojnamcha No. 47/17 was recorded by the petitioners. After completing all formalities in Azad Nagar Police Station, Petitioner No.2 came back to the Police station - Bercha and informed about the whole incident to his superior and Rojynamcha was recorded by him. The respondent/complainant on the basis of false and fabricated facts on very next date submitted a complaint against the petitioners, thereby leveled false and fabricated allegations against the petitioners. Even thereafter wrote multiple letters to the superior officers of the police department to lodge complaint against the petitioners.

(3.) The department conducted enquiry in the matter and did not find any case of complaint against the ' petitioners. Thereafter, the respondent/complainant approached the Hon'ble High by way of a writ petition in W.P. No. 4430/17 in which the Hon'ble High Court ordered the respondent/complainant to avail remedies available under the provisions of Cr.P.C. Thereafter the respondent/complainant approached the JMFC, Indore and filed a private complaint against the petitioner's under Sec. 456, 448 and 380 of IPC. The JMFC on the basis of complaint and evidence before charge took cognizance of the matter and ordered to register a Private complaint against the petitioners only u/s.448 of IPC. The petitioners, aggrieved by the order of taking cognizance and issuance of summons. of the learned JMFC filed a revision. Similarly, the respondent/complainant also filed a revision against the order, thereby taking cognizance under Sec. 448 of IPC. The learned judge by the order dtd. 25/6/22 rejected the revision petition.