RAHUL MAHESHWARI Vs. STATE OF AND OTHERS

JUDGEMENT

(1.) This petition under Sec. 482 of Crimial P.C. has been filed for quashing the FIR No.497/2012 registered by Police Station City Kotwali, Morena, District Morena for offences punishable under Sections 506, 337, 338/34 of IPC.

(2.) The necessary facts for the disposal of the present application are that the respondent No.2 filed a criminal complaint under Sec. 200 of Crimial P.C. for offences punishable under Sections 506, 337, 338/34 of Penal Code against the applicant and the respondent No.3 on the allegations that the applicant is the proprietor of Madhu Radio Showroom, Station Road, Morena, whereas, the respondent No.3 was the contractor executing the work as directed by the applicant. On 16.1.2012, at 12 PM, the applicant and the respondent No.3 without providing any security to the respondent No.2 compelled him to fix the advertisement hoarding of Madhu Radio on an electric pole, as a result of which, the respondent No.2 suffered an electric shock. He was admitted in the District Hospital, where the applicant and the respondent No.3 along with their friends had come and requested him that he should not lodge a police report and the respondent No.2 will be got medically treated. However, the expenses of the medical treatment of the respondent No.2 were not afforded by the applicant and the respondent No.3. The respondent No.2 was referred to Gwalior where his right hand and the thumb of his left leg was amputated and there is a possibility that the left hand of the respondent No.2 may also be amputated. The mother of the respondent No.2 had gone to the Police Station Kotwali, Morena for lodging a FIR but the police refused to lodge the FIR. A written complaint was made on 19.1.201 On 20.01.2012, the mother of the complainant was called for recording her statement and then the respondent No.2 came to know that the applicant has not been made an accused in the matter and only the respondent No.3 has been made an accused. Accordingly, it was prayed that the cognizance of offence may be taken against the applicant and the respondent No.3.

(3.) By order dated 02.07.2012, the CJM, Morena passed an order under Sec. 156 (3) of Crimial P.C. and directed the Police Station City Kotwali, Morena to submit its report. In compliance of order dated 02.07.2012, the police station City Kotwali, Morena registered the present FIR No.497/2012 against the applicant and the respondent No.