RAJKUMAR RAGHUWANSHI Vs. POLICE STATION INCHARGE

JUDGEMENT

(1.) THIS application under Section 482 of Cr.P.C. is filed for quashing of an FIR registered at Police Station Sohagpur under Sections 294, 506, 451 of IPC and Section 3(i)(x) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act.

(2.) ACCORDING to the petitioners, petitioner No. 1 is Vice President of Janpad Panchayat, Sohagpur and President of Education Committee, Janpad Panchayat Sohagpur whereas petitioner Nos. 2&3 are businessmen and reputed persons of their locality. Complainant Smt. Sumitra Bamaniya is an antisocial element and she creates nuisance for reputed citizens of the locality. She earlier tried to blackmail one businessman Rajesh Agrawal, who filed a civil suit against her and in the civil suit, an injunction order was passed against her restraining her to file false complaint against the businessman. According to the petitioners, said Smt. Sumitra Bamaniya is running a school in a house, which does not have sufficient space for the purpose and, therefore, to implement the order passed by the Sub Divisional Officer, the petitioners requested her to shift the school. On this, Smt. Sumitra Bamaniya abused them and filed a false complaint against them in the Police Station Sohagpur on which Crime No. 262/2007 was registered under the aforesaid sections.

(3.) A stay order was issued by this court on 20.2.2008 ordering thereby it was ordered that the proceeding in respect of Crime No. 262/2007 registered at Police Station AJK, District Hoshangabad and the proceeding before Additional Chief Judicial Magistrate in Criminal Case No. 2031/2007 shall remain stayed.