GAYADEEN SINGH TOMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is for quashing the complaint registered at Criminal Case no. 1141/03 pending in the Court of CJM, Bhind, under Sections 193 and 195 of ipc against the petitioner.

(2.) THE facts in brief, are that, deceased Mamta, the daughter of the petitioner was married with one Bhanu Pratap Singh Kushwah. Within two and a half years of her marriage, she died. Merg was reported, enquiry was made. One typed report dated 30th January, 2002 (Annexure P-1) was submitted by the petitioner to City Inspector, City Kotwali, Bhind, putting allegations against bhanu Pratap Singh and his family members with regard to subjecting the deceased with cruelty on demand of dowry. Crime was registered. Bhanu Pratap and his family members were prosecuted. During trial, petitioner became hostile to the prosecution. He did not support the allegation lodged by him against the accused persons in that case. He admitted his signatures on his report which was admitted in the evidence as Exh. P-2, but denied the facts alleged against accused therein. He explained that this typed report was brought to him by the police officers and on their persuasion, he simply put his signatures as his mental status was not in order. Vide judgment dated 13th September, 2002 in S. T. No. 130/02 passed by 5th Additional Sessions Judge, Bhind, Bhanu Pratap Singh and his family members, who were the accused in that case for the offence punishable under Section 304-B/34 of IPC, have been acquitted. Vide Para 16, the learned Judge has observed that the report Annexure P-l (Exh. P-2 in sessions trial) was submitted by the petitioner after deliberations and the statement given by the petitioner in the Court is false. In the same para, it is directed that the prosecution of the petitioner be initiated for the offence punishable under Section 195 of IPC. This complaint dated 28th July, 2003, has been filed under Sections 193 and 195 of IPC by 5th Additional Sessions Judge in the Court of Chief Judicial Magistrate, Bhind. On this complaint, Criminal case No. 1141/03 has been registered against the petitioner. Feeling aggrieved with this prosecution, petitioner has preferred this petition.

(3.) SHRI Anil Mishra for the petitioner has assailed this prosecution on the following grounds :-