(1.) In this petition filed under Section 482, Cr.P.C. inherent powers of this Court are invoked for quashing of the order dated 31.01.2015 passed by Judicial Magistrate First Class, Gwalior in Complaint Case No.895/2015 by which cognizance has been taken of the complaint filed by the respondent no.1 as regards offence punishable under Section 201 of IPC.
(2.) It is pertinent to point out that cognizance was taken against the petitioner only in regard to offence punishable u/S. 201 of IPC, whereas in regard to the other co-accused namely Narendra, Arvind and B.S. Rajput, cognizance was taken of offence punishable u/S. 302/34 r/w 201 of IPC.
(3.) Learned counsel for petitioner has placed reliance on various decisions in the cases State Of Haryana And Ors vs Ch. Bhajan Lal And Ors., 1992 AIR(SC) 604; M/S. Pepsi Foods Ltd. & Anr v. Special Judicial Magistrate & Ors., 1998 5 SCC 749; State Of Orissa v. Ganesh Chandra Jew, 2004 8 SCC 40; Sankaran Moitra v. Sadhna Das & Anr., 2006 AIR(SC) 1599; Rakesh Kumar Mishra Vs. State of Bihar and others, 2006 1 SCC(Cri) 432; Inder Mohan Goswami and another Vs. State of Uttaranchal and others, 2008 1 SCC(Cri) 259.
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