RAJ KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER had filed this petition under Section 482 Crpc for quashing the proceedings pending before jmfc Ganjbasoda as RT No. 1526/2006 in connection with crime No. 194 of 1992.

(2.) THE brief facts of the case are that on 1. 4. 2005 at about 9. 30 p. m. Akhil Jain and anil Jain were returning on their motor cycle from their shop. In front of the Police station, two known criminals and history-sheeter of the town of Ganjbasoda namely ajay Pahelwan and Durgesh Yadav, who were in drunken condition, stopped their motorcycle. There was altercation in which they took away Akhil's golden chain. They went to lodge the police report. A. S. I. K. S. Chandel was posted at Police Station and he was avoiding to lodge the report because he was having friendly relation with aforesaid two criminals. On the intervention of additional S. P. Vidisha F. I. R. was written at No. 192/05 against Durgesh Yadav and ajay Pehlwan under Sections 294, 341,323, 506 (B) of IPC but did not mention the fact of snatching of gold chain. In the meantime, ast Chandel informed the criminals on mobile Phone and they came at the police station and just to counter the case a cross fir was lodged at Crime No. 193/05 against the complainant. In the meantime, some persons including Kanchhedi Lal Jain, kamal Singh, Banarsi Lal, Vaibhav, Akhil, raj kumar and other persons came to know that some quarrel took place at police station and they came at the police station to enquire facts. It is stated that some altercation took place between the parties. On that with a view to falsely implicate the members of the complainant party, ASI chandel himself lodged one FIR at Crime no. 194/05 against the aforesaid five persons that Kanchhedilal fired on him by his r evolver which hit on the left side of his stomach and the second fire was made by banarasilal, Vaibhav, Akhil, Rajkumar, which hit his mobile phone and another FIR of Ajay Singh was written as Crime No. 195/ 05 that these persons caused some injuries to him. ASI Chandel at his own got himself medically examined and Doctor recorded one lacerated wound and thereafter he was examined by Medical Board of three doctors and it was found that the injury sustained by the injured does hot seem to be of any firearm. In both the cases Crime No. 194/05 and 195/05, the matter was investigated and in crime No. 195/05 charge-sheet has been filed under Sections 147, 148, 149, 323 and 506 IPC against petitioners and others, but in the Crime No. 194/05, registered under sections 307, 294, 506, 147 and 149 IPC the matter was referred to CID for enquiry.

(3.) DURING CID enquiry in Crime No. 194/ 05, Investigation Officer recorded the statement of various witnesses who are neighbours and having shops opposite the police station. Statement of Ayub Qureshi, mohd. Ibrahim, Mohd. Aziz, Mohd. Ayub, jawahar Singh, Ajay Tiwari were recorded and they all have stated that Kanchhedilal was empty handed. He has gone to the police station just to enquire what had happened to Akhil and Amit. During enquiry cid found that there was no occasion for him to carry a revolver as he is a respected person of the city and is Ex-Chairman of the municipal Council, Ganj Basoda. Investigation Officer also found that ASI chandel was having close link with Durgesh yadav and Ajay Pehalwan and he was using the SIM No. 9893485117, which was in the name of Birju Yadav, brother of durgesh Yadav. CID found that false crime case No. 194/05 was registered deliberately by ASI Chandel. The conduct of Chandel has created doubt as his clothes were shown to be seized but those clothes were not referred for examination to Medico Legal Institute and subsequently it was reported to have been lost. No pallets or empty cartridge was recovered from the spot and his version is belied by medical evidence as medical Board found that he had not received any firearm injury and during enquiry it was found that revolver of Kanchhedilal was under repair and was deposited at the repairing shop. With all the aforesaid facts, the CID submitted the Final report dated 21. 6. 2006 that there is no evidence to prosecute them but the learned magistrate rejected the FIR Submitted by the CID took cognizance in the matter and directed to issue non-bailable warrants against the accused persons, against which the petitioner has filed this petition under section 482 Cr. P. C. for quashing the entire proceedings in RT No. 1526/2006 in connection with Crime No. 194/05.