RUBABUDDIN Vs. STATE OF M P

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is filed for quashment of FIR arising out of Crime No.62/2009 registered at Police Station Nagda, District Ujjain under Sections 294, 186, 189, 353, 147 and 506 of IPC.

(2.) According to the prosecution story, the incident took place on 29.01.2009 at about 10.30 p.m. The complainant was posted on the post of Sub -Inspector, Police Station Nagda, District Ujjain. On 29.01.2009, on instructions of his senior officers, he went to village Jhirniya along with police force of Police Station Birlagram Nagda. According to the complainant, he was instructed to take action against the persons, against whom permanent warrants and warrants were issued. Also action was to be taken against persons selling a contraband liquor, contraband arm and under Gambling Act. He went to village Jhirniya in search of the present applicant Rubabuddin, who was also an accused in Crime No.55/2009 under Sections 452, 386 and 506, 34 of IPC and another person Altaf against whom permanent warrant was issued. When they reached the residence of the present applicant, he came on the balcony and then started using abusive language and called various villagers and with help of all the villagers, he tried to create obstruction in performance of their official duties. He also threatened that he would kill himself and implicate them in a false case. On the facts stated above, the crime was registered by Police Station Nagda.

(3.) The present application is filed on the ground that the present applicant filed a writ petition bearing No.06/2007 before the Hon'ble Apex Court in which CBI investigation was directed in the case of murder of applicant's brother Sohrabuddin and his wife Kausarbi. It is alleged by the present applicant that Director General of Police, Gujarat, P.C. Pandey came to Ujjain and in conspiracy with the Manmeet Singh Narang, who was the then Superintendent of Police, Ujjain, they made up a false case against the present applicant.