AMAR SHARMA Vs. STATE OF M.P

JUDGEMENT

(1.) This petition has been filed under section 482 of Cr.P.C for quashing the proceedings of Cr. Case No.1144 of 2014 (Private compliant) registered under section 323 of IPC pending before the Court of Judicial Magistrate, Bhind.

(2.) The brief facts of the case are that respondent no.2 complainant has filed a private complaint against the petitioner alleging that on 7.4.2014 at about 12.30 Hours, he was going to Siddheshwar Batika, one WagonR bearing no. M.P.07/CC-5599 came with a high speed and passed from near the complainant. Amar Sharma and two boys were in the vehicle. Amar Sharma got down from the vehicle and started abusing him. When complainant objected, Amar Sharma slapped him Rambabu, Rajesh and Anil Sharma intervened, thereafter, accused persons threatened that if he lodges the report, he would be killed. Complainant went to lodge the report but police has not taken any action. Thereafter, complaint was made to Superintendent of Police, even then, the offence has not been registered. Learned trial court during investigation, recorded the statements of the complainant and his witnesses Rajesh Prajapati and Anil Sharma and taken cognizance of the offence and registered a case under section 323 of IPC against the petitioner. Being aggrieved, this petition has been filed.

(3.) It is submitted by learned counsel for the petitioner that the petitioner is treasurer of Mahatma Dhule Shiksha Evam Samaj Kalyan Samiti which runs Engineering Colleges and the petitioner is the chairman of the Board of Governors of the aforesaid colleges. The petitioner's father was initially president of the said society and sister of the petitioner Smt. Rita Sharma became President of the aforesaid society in the month of March, 2013, after that her husband Shri Rajesh Sharma (who is a Dy. Superintendent of Madhya Pradesh Police) and his relatives tried to get complete hold on the affairs of the society and conspired to grab its valuable property. Due to the aforesaid, the petitioner filed a Civil Suit No.226 of 2013 pending before the court of Civil Judge Class I Gwalior and presently pending before First Civil Judge Class I Gwalior as Case No.1A of 2014. An application was also filed for grant of interim injunction which was allowed vide order dated 30.9.2013. It is further submitted that learned trial court has granted injunction in favour of the petitioner. The petitioners sister and her accomplices threatened the petitioner either to withdraw the civil suit of the said society or by taking advantage of the post of Shri Rajesh Sharma, they will implicate petitioner in false criminal case. It is further stated that Smt. Rita Sharma disobeyed injunction order, then an application was moved which was registered as MJC No.1 of 2014. It is further stated that four cases in different courts are pending in between Smt. Rita Sharma and Mahatma Dhule Shiksha Samiti. Four other cases are also pending. Due to the aforesaid act, the petitioner's sister Smt. Rita Sharma and Brother in law Shri Rajesh Sharma are in inimical terms with the petitioner and in order to create undue pressure upon the petitioner, this complaint has been filed. It is further submitted that in laws of the petitioner are also roped in criminal case. In some cases, report has been lodged by cousin brother Mahesh Sharma and in some other cases, by other close relatives and sister. Mahesh Sharma has filed a complaint alleging that the petitioner has filed a forged birth certificate of his son at the time of obtaining insurance policy but no case was registered. Mahesh Sharma again filed a complaint at police station Kotwali district Gwalior. Thereafter, Mahesh Sharma has also filed a complaint in the Police Station Maharajpur. It is further submitted that Mahesh Sharma has lodged a FIR at PS Padav on 5.5.2014 alleging that when, he was going on his Activa Scooter, he was hit from behind by the petitioner by his Tata Safari car. Due to which, he fell down. Thereafter, he was beaten by the petitioner. It is further submitted that on 27.7.2014, one Ram Naresh Sharma who happens to be son of Mahesh Sharma and also petitioner's Brother in law Rajesh Sharma lodged a FIR alleging that he was hit by Wagon R Car No. MP 07 CC / 5599 as a result of which, he fell down and also he was slapped. A case was registered against the petitioner at Crime No.120 of 2014. On 4.10.2014, one Rajesh Prajapati has also lodged a report that Maruti car of Mahesh Sharma's was hit by the petitioner's car upon which, Crime No.592 of 2014 has been registered. It is further submitted that Mahesh Sharma has also filed a M.Cr.C.No.2665 of 2014 against the petitioner regarding preparation of forged birth certificate of his son. A Contempt Petition No.485 of 2014, M.Cr.C.no.3107 of 2014 and M.Cr.C.No.4282 of 2014 were also filed by Mahesh Sharma against the petitioner. It is submitted that the aforesaid persons could not succeed in getting the petitioner roped in any way in above said criminal case, this false complaint has been filed. The learned trial court without calling any report from concerned PS has directed for registration of a case against the petitioner. The complaint filed against the petitioner is based on malafide. Learned Magistrate has not considered that there is no evidence against the petitioner and this complaint has been filed in order to create undue pressure upon the petitioner. Hence, it is prayed that the proceedings of Cr. Case No.1144 of 2014 pending before the court of JMFC Court may be quashed. In the alternative, fair and impartial investigation may be directed.