LAWS(MPH)-2023-6-85

NARENDRA JAIN Vs. LOKAYUKTA POLICE ESTABLISHMENT

Decided On June 16, 2023
Narendra Jain Appellant
V/S
Lokayukta Police Establishment Respondents

JUDGEMENT

(1.) The petitioners have filed the present petition under Sec. 482 of The Criminal Procedure Code for quashing the first information report bearing crime number 141/2012 dtd. 21/07/2012 registered by Special police establishment office of lokayukt Ujjain and to quash all other consequential proceedings arising out of the same FIR.

(2.) Before evaluating the merits of the case, the facts of the present case as per FIR, in nutshell are-

(3.) The learned counsel for the petitioner has categorically argued that the impugned FIR is lodged after the delay of approximately two years by Special Police Lokayukt upon a complaint of a private individual i.e. Mr Ajay Gupta who is in the habit of filing frivolous petitions/complaints to harass the officers/employees of state government and municipal corporation. To buttress the submission, the counsel for the petitioner relied upon the order dtd. 06/04/2016 passed in WP/6610/2015 and order dtd. 14/01/2015 passed in WP/5107/2013 in which this Court has formed the opinion that Mr Ajay Gupta who is a practicing lawyer at Ujjain Civil Court is in habit of filing complaints against the officers/employees of state government and municipal corporation to harass them. Therefore the impugned FIR is lodged with a malicious intention to harass the petitioners and other co-accused which deserves to be quashed.