SATYANARAYAN IYER Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure [for short ''the Code ''] is filed for quashment of Istgasa No. 1 /2008 filed by Police Station M. G. Road, Indore against the petitioner which is registered as Criminal Case No.28356/2008 pending before the JMFC, Indore.

(2.) BRIEF facts of this case are that at the relevant time, Mahendra Yadav was posted as Security Guard in Jabalpur Motors, Indore. On 28.10.2008 he lodged a report at Police Station M.G. Road, Indore stating that on the last night at about 11.30 pm. Raju Chaiwala along with 3 -4 persons came at Jabalpur Motors and at the revolver point they have abused him and by iron -rod they damaged the cashier s chamber and broken the handle ol locker and also threatened to kill him. On this basis, at Police Station M.G. Road, Indore, Crime No.512/2008 for the offences under sections 451, 506 and 427 of IPC was registered against Raju Chaiwala and 3 unknown persons. The police investigated the matter and found that Security Guard Mahendra Yadav has lodged a false report with the conspiracy of the present petitioner - Satyanarayan Iyer who at the relevant time was Manager of Jabalpur Motors. After investigation, it was found that a false report has been lodged against Raju Chaiwala and other 3 -4 persons. Thereafter, police has filed an Istgasa against Security Guard Mahendra Yadav and present petitioner - Satyanarayan Iyer for the offences under sections 182 and 211 of IPC in the Court of JMFC, Indore which is registered as Criminal Case No.28356/2008. Being aggrieved, the petitioner has filed this petition for quashment of Istgasa.

(3.) LEARNED counsel for the petitioner submits that in the Istgasa there is no evidence that at the instance of petitioner or with the conspiracy of petitioner, Security Guard -Mahendra Yadav has lodged a false report against Raj u Chaiwala. Thus, to allow to continue this criminal proceedings against the petitioner is an abuse of process of law, therefore, it be quashed.