THAKUR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C.for quashing the FIR lodged at crime No.23/14 registered at Police Station Kalidevi, District Jhabua and the proceedings initiated against the petitioner.

(2.) Briefly stated the facts of the case are that complainant Babu Bhuriya has lodged a report on 7.2.2014 that at around 6 p.m. he was coming from Kalidevi market and when he reached near Forest naka one Bolero jeep stopped near him and one Varsingh and Thakur came out from the jeep and started abusing him in filthy language and told that he has filed false complaint against them and Varsingh gave a blow by means of razor blade on his neck and Thakur and Varsingh said that today he has been saved and threatened to kill him in future and thereafter they flew away from the spot. On the basis of the said report, FIR at crime No.23/14 for offence under Sections 294, 324, 506, 34 of the IPC has been registered and after due investigation charge sheet has been filed under Sections 294, 324, 506, 34 of the IPC in the Court of Chief Judicial Magistrate, Class -I, Jhabua.

(3.) It is submitted by the learned counsel for the petitioner that false report has been lodged against the petitioner. At about 5 -6 years ago Babu s/o Pidiya and his associates committed the murder of the brother of the petitioner and the criminal appeal is pending before this Court. It is submitted that on 7.12.2014 the petitioner was not present on the spot and he was present at Indore, which is about 150 kms. away. It is further submitted that Sub Divisional Officer (Police) has enquired into the matter and found that the petitioner was not present on the spot and he has been falsely implicated in the matter. It is also submitted that the concerning S.H.O. has also submitted a report to the Superintend of Police, Jhabua saying that the name of Thakur has been removed during the investigation. In view of the aforesaid the prosecution of the petitioner would be abuse of process of law and prayed for quashing of the FIR and the proceedings pending before the lower Court.