SUSHIL KUMAR SHUKLA Vs. BIRJ KISHORE SHARMA

JUDGEMENT

(1.) The petitioner/Sushil Kumar Shukla preferred this petition under section 482 of the Code of Criminal Procedure, 1973 to invoke the extraordinary jurisdiction of this Court and to quash the Criminal Complaint Case No. 08/2009, pending before Judicial Magistrate First Class, Beohari for offences under Sections 392, 294, 323, 506-II, 166, 167, 327, 120-B/34 of the Indian Penal Code, registered as Sessions Trial No. 257/2009, pending before Additional Sessions Judge, Beohari, District Shahdol for offences under sections 394, 294, 506-II read with section 120-B and section 34 of the Indian Penal Code.

(2.) The complaint case filed by the respondent/Brij Kishore Sharma, in brief, is that the petitioner-Sushil Kumar Shukla was the Head Constable at Police Station, Beohari. Shrinath Singh, Jagjiwan Singh and R.N. Sharma, were working as T.I., Constable and ASI of the Police Station, Beohari respectively at the relevant time. The complainant - Brij Kishore Sharma was the conductor of Ramgopal Satyanarayan Bus Service.

(3.) It is alleged that the complainant was going in bus No.MP-17-A/4703 from Rewa to Anuppur on 14.1.2009, at about 10.00 a.m., when the bus reached Shahdol by-pass near Ban Ganga, it stopped for passengers to get down and board the Bus. A person boarded the Bus and stated that he has to travel up to Beohari and he wanted to sit in the front seat. When the complainant said that all seats are booked, therefore, he can sit on the rear side, he identified himself as S.H.O. of Police Station, Beohari. He abused the complainant by obscene words and said that he will see that the bus does not go up to Beohari. The complainant requested him to sit on the conductor's seat as he could not identify him, for he was not in his official uniform. That person informed him that he is leaving and threatened him that he and his father will certainly identify him, when they would meet next and thereafter he left the bus. Bus reached Beohari and was leaving for Rewa at about 10.25 a.m., the Police including the petitioner at the Beohari Road intercepted the bus and abused the complainant with obscene words. The accused persons threatened him to implicate in such offences, that he will not be able to come out. Holding his colar, abusing him, kicking him, he got him down from the bus. He was beaten. He was carrying Rs. 7000/- in his pocket. The fitness papers and other related papers of the bus were taken away. Rajendra Prasad @ Rajjan Halwai of Beohari was present at the time of offence. The cleaner - Arvind Kumar and the driver - Ramanuj also tried to save him. They allowed the passengers of the bus to leave and directed to refund their money, to the passengers. Rs. 2250/- were given by Rajjan Halwai. The complainant was falsely involved in the case of Motor Vehciles Act. Receipt No. 10757/46 dated 14.1.2009 was issued by the petitioner Sushil Kumar Shukla. The accused persons abused him by obscene words and threatened him. Due to fear, the complainant kept quiet. When he was going to report the matter to SDO(P), Beohari, he was again threatened, therefore, complainant did not lodge any report. He was then allowed to leave with the empty bus. The accused persons threatened him that if he lodges any report, he will be taken care of.