JYOTI Vs. LAXMIBAI

JUDGEMENT

(1.) THIS application under Section 482 of Cr.P.C. has been filed by the applicants for quashing the order dated 27.11.2013, passed in Criminal Revision No.258/2013, by Additional Sessions Judge, Sagar, arising out of order dated 03.08.2013, passed in Criminal Complaint No.3219/2013, by Judicial Magistrate First Class, Sagar, directing therein to register the offences punishable under Sections 452, 323 and 506(2) of IPC.

(2.) LEARNED Judicial Magistrate First Class, Sagar on the basis of complaint filed by the respondent Smt. Laxmi Bai has ordered to register above mentioned criminal case for the offences punishable under Sections 452, 323 and 506(2) of IPC against applicant No.1 Smt. Joyti, applicant No.2 Rakesh and applicant No.3 Bhuvnesh.

(3.) SHRI T.R. Tantuway, learned counsel for the applicants submitted that on the same alleged date the respondent Smt. Laxmi Bai inflicted injuries to Anita Dubey, relative of the applicant No.1 on the issue of pending civil dispute of common passage. Earlier on 23.10.2012 an F.I.R. It is submitted by learned counsel that the learned courts below have erred in law as well as on facts ignoring that to make undue pressure the respondent Smt. Laxmi Bai filed the private complaint, hence it amounts to misuse of the process of law causing injustice to the applicants hence, registration of Criminal Case No.3219/2013 be quashed.