JITENDRA MAKHIJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed for quashment of FIR in Crime No.365/2019 registered at Police Station Omti, District Jabalpur for offence under Ss. 294, 506, 384 of IPC.

(2.) It is submitted that complainant is running a business in the name and style "Sadhuram Beej Bhandar" and with the help of people, Sindhi Dharmashala is being run near clock tower and complainant is the General Secretary. On 30/08/2019, a Pagdi Rasm program was scheduled in the Dharmashala. Those rituals were in respect of Late Karamchand Pahuja. After rituals were over, some office bearers and members of the society were talking in the office of Dharmashala about future works. At that time, petitioner unauthorizedly entered inside the office and started abusing him filthily on the question of possession. When the complainant and the members of the association objected to it, then he extended a threat that they should give him an amount of Rupees Fifty Lakhs otherwise, he would get the Dharmashala locked and also extended a threat that he would kill the complainant. He also extended a threat that by spreading fake videos, he would defame them in the Society. The incident was witnessed by Kartar Singh Bhatija, Gopaldas Kaishwani, Ramesh Purushbani, Motilal Parwani. After having consultation with the members of the Society, he has come to lodge FIR.

(3.) It is submitted by petitioner himself that the Police after completing investigation has already filed the charge-sheet and the trial is pending before the Trial Court. It is submitted by petitioner that in fact he was threatened by Superintendent of Police. Petitioner had made a complaint to the Inspector General of Police, Jabalpur, Director General of Police, Divisional Commissioner, Superintendent of Police Jabalpur on 22/10/2019 on the ground that on earlier occasions, Shri Amit Singh, Superintendent of Police had also threatened him to put him in jail and complaint in respect of same was made on 09/10/2019 and 21/10/2019 to the senior officers on which an enquiry is being conducted by DIG as well as by the Grievance Redressal Department of Union of India. Since he had made a complaint against Superintendent of Police, therefore Additional Superintendent of Police issued a notice to him on 28/09/2019 and directed him to appear before him on 30/09/2019. On 22/10/2019, he came to know that a false FIR has been lodged by Nandlal Kungani against him alleging that petitioner had demanded an amount of Rupees Fifty Lakhs and had also abused him, whereas on the said date, he was in the SP Office. When the petitioner talked to SHO, Police Station Omti, then he informed that offence has already been registered and he also insisted the petitioner should withdraw the complaints. It is further submitted that the Investigating Officer Shri Neeraj Verma and Shri Rajesh Tripathi, Additional S.P. City Jabalpur have collusion with criminals and they misuse their official positions. In one case, CJM has directed to register FIR against Neeraj Verma. In an order issued by Additional District and Sessions Judge, Katni in CNR MP 2101-004238-2015 on 30/12/2022, a statement was made that Shri S.P.S. Baghel lacks investigating experience and requires training. It is submitted that in spite of repeated requests to take action against respondent No.3, nothing was done. It is submitted that petitioner is being threatened to withdraw the complaint made against the corrupt activities of office bearers of the Society. Accordingly, it is prayed that the petitioner is the victim of malafide and arbitrary action of the Police Authorities namely, Shri Amit Singh, Superintendent of Police, Shri Rajesh Tripathi, Additional Superintendent of Police, Shri Neeraj Verma, SHO Police Station Omti, Shri S.P.S. Baghel, SHO Police Station Omti.