PURUSHOTTAM DAS Vs. SHYAMLATA BINDAL

JUDGEMENT

(1.) The applicant has invoked the extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for brevity, the 'CrPC') for quashing the proceedings in Criminal Case No.1359/2011 pending before the Judicial Magistrate First Class, Shivpuri for the offence punishable under Section 506 (Part-II) of the Indian Penal Code (for brevity, the 'IPC').

(2.) The facts of the case which are relevant for deciding the present application are that the respondent filed a private complaint against the applicant for commission of offence under Section 506 (Part-II) of IPC before the Judicial Magistrate First Class, Shivpuri agitating that the applicant is the real brother of the respondent and he wants to grab her property which she has received from her late husband, therefore he has filed many cases through his wife and children against her in different Courts. On 27.07.2011 one civil suit was listed before the First Civil Judge Class II, Shivpuri for recording of evidence. When at about 5:00 PM she was returning to her home after giving her statement, applicant stopped in the court premises and threatened her to answer in 'Yes' to every question which may be posed by his counsel in a case regarding cancellation of adoption deed fixed for evidence on 17.08.2011, otherwise he will finish her life and nobody will even know, which caused her blood pressure low and she was scared. She went to the Police Station for lodging F.I.R. against the applicant but the Police Officers refused to take any action against the applicant. After that, she made a written complaint to the Superintendent of Police, Shivpuri but the Police did not take any action on that complaint then she was forced to file private complaint against the applicant before the Court.

(3.) The complaint was presented on 01.08.2011 before the Judicial Magistrate First Class, Shvipuri. Thereafter, the statement of the complainant was recorded to enable the concerned Magistrate to consider regarding taking cognizance on the complaint. After recording the statement of the complainant, Judicial Magistrate First Class issued process against the present applicant upon finding prima facie case for the offence punishable under Section 506 Part-II of IPC.