PRADEEP RAJORIA Vs. CHANDRAPRATAP SINGH KUSHWAH

JUDGEMENT

(1.) BY this petition, petitioner has prayed for quashing the proceeding under section 482 of Cr. PC, which was initiated on a Criminal Complaint No. 671/87 filed by the respondent No. 1 before the Court of Additional Chief Judicial magistrate, Sheopurkalan, Dist. Morena.

(2.) THE facts of the case, in short, are that the petitioner is in services of m. P. Police and having a blotless career. In the year 1983, the petitioner was posted on the post of Sub-Inspector at Police Station Sheopurkalan. On 12-03-87, an FIR was lodged by the then Town Inspector Angad Singh Kushwah against the respondent No. 1 which was registered as Crime No. 49/87 under sections 323, 294, 506 (II) and 341 of IPC. The copy of the chargesheet is annexure P-1.

(3.) DURING the course of investigation, the petitioner arrested respondent No. 1 in the night of 12-03-87. After the arrest, the respondent no. 1 was produced before the Court of Magistrate on the following day. Bail was granted to the respondent No. 1 by the Court. At the time of production before the Magistrate, respondent No. 1 did not file any application regarding any accusation or regarding his medical check-up before the Court. Later on, after lapse of a period of about two months the respondent No. 1 filed a private complaint before the learned Trial Court under Sections 294,323,342,355,357, 458 and 506 (II) of the IPC. Copy of the said complaint is Annexure P-2. It is alleged that respondent No. 1 is a history-sheeter having many cases registered against him and the record of the criminal history of the respondent No. 1 is annexure P-3.