GIRISH MEHTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally. 1. At the outset, learned counsel for the State has submitted that the case diary is not available, however, Shri V.K. Jain, learned senior counsel assisted by Shri Vaibhv Jain, learned counsel for the petitioner has vehemently opposed the prayer and it is submitted that it is a case for quashing the FIR, and he would be able to demonstrate from the FIR itself that it is liable to be quashed. Thus, the matter is heard finally at the insistence of the learned senior counsel.

(2.) This petition has been filed by the petitioner under Sec. 482 of Cr.P.C. for quashing the FIR dtd. 23/01/2021 lodged at Crime No.55/2021 under Sec. 380 and 454 of Indian Penal Code, 1860 on the ground that it has been lodged falsely at the instance of respondent No.2, the ex-tenant of the petitioner.

(3.) In brief, the facts of the case are that the aforesaid FIR was lodged against the petitioner by respondent No.2 Jethmal Lunkaran Soni on 23/01/2021, at 20:47 hours, in respect of an incident of theft which took place between 21/10/2020 to 25/10/20. Thus, the FIR admittedly has been lodged after around 3 months by the complainant Jethmal Lunkaran Soni by filing a written complaint alleging that his landlord Girish Mehta has taken illegal possession of the shop which is situated at House No.109-A, Station Road, Ratlam after breaking the lock despite the Court order. In this FIR, the complainant has also stated that in respect of the aforesaid shop, the other landlord Harshad Mehta and others have also filed a case against him for eviction, in which, the Court has already granted an injunction order directing the parties to maintain status quo, and despite the aforesaid order, in the absence of the complainant, the petitioner Girish Mehta around 3-4 days ago has taken possession of the shop and has also removed certain articles.