HEMANT KATARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall govern the disposal of I.A. No.16919/2018 an application for intervention dated 26.9.2018 filed on behalf of one Vishal Khatri.

(2.) It has been submitted hereby that this misc. criminal case has been instituted on an application under Section 482 of the Cr.P.C. filed on behalf of petitioner Hemant Katare for quashing the first information report lodged by objector Prinshu Singh for offences punishable under Sections 344, 376 (1) (n), 376(2) (n) and 506 of the I.P.C. After lodging aforesaid first information report, objector Prinshu Singh recorded a statement under Section 164 of the Cr.P.C. before the Judicial Magistrate First Class on 5.2.2018 supporting allegations of rape against petitioner Hemant Katare. She also appeared in a press conference, wherein she reiterated her charges. Thereafter, she wrote a letter to the Chief Justice of High Court of Madhya Pradesh on 2.4.2018; wherein, charges of rape against petitioner Hemant Katare were repeated. Her mother Geeta Singh also lodged a first information report against petitioner Hemant Katare for offences punishable under Sections 365, 384, 386 and 506 read with Section 34 of the I.P.C. on 1.2.2018. However, after all that, the objector Prinshu Singh took a somersault and filed an affidavit dated 3.5.2018 in the Court; wherein, she leveled allegation that one Vikramjeet Singh, co-accused in extortion case, which was falsely lodged against her, had visited her in Central Jail, Bhopal on 27.1.2018 along with her erstwhile Advocate Akash Telang and mentioning the name of intending intervener Vishal Khatri, a Journalist Dharmendra Pegwar and State Vice President of Bharti Janta Party, Arvind Bhadoriya had assured her that no harm would come to her, if she leveled allegation of rape against present petitioner Hemant Katare. They warned her that if she did not co-operate with them, she will have to remain in jail in extortion case for at least three months. They had brought the draft of a report against petitioner Hemant Katare and had asked her to copy the same in her handwriting. Therefore, she had lodged the report of rape against petitioner Hemant Katare under the influence of aforesaid persons and had also given false statement under Section 164 of the Cr.P.C. and in the press conference. She had also leveled false allegation against petitioner Hemant Katare in the letter written by her to the Chief Justice of the High Court of Madhya Pradesh.

(3.) In the aforesaid factual backdrop, the intending intervener Vishal Khatri had stated that he had visited objector Prinshu Singh while she was in Central Jail at the behest of her mother Geeta Singh. When he had met her, he was accompanied by her mother Geeta Singh. Same can be verified from the video recording and records of the Central Jail. He had no role to play in entire affair, yet he and other persons have been coiled by objector Prinshu Singh in her affidavit. If the Court acts on her affidavit without giving intending intervener an opportunity to assist the Court, all legal options before him would be foreclosed and he would not be able to obtain any legal redress against objector Prinshu Singh from the Courts of law; therefore, it has been prayed that intending intervener Vishal Khatri be joined as an intervener in the matter and allowed to assist the Court in reaching a just conclusion in the present case and establishing his innocence before the Court.