O P YADAV Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of parties, matter is finally heard.

(2.) Invoking the extraordinary jurisdiction of this Court conferred under Section 482 of CrPC, the petitioners have filed this petition under Section 482 CrPC for quashing the proceedings of complaint case No .5/09 pending in the Court of Special Judge (Dacoity) Gwalior by which on complaint of respondent No.2 cognizance has been taken against present petitioners under Section 394 IPC and Section 13 of MPDVPK Act and arrest warrants have been directed to be issued against .the petitioners.

(3.) Facts in a nutshell giving rise to the petition are that a complaint has been lodged by respondent No.2 in the Court of Special Judge(Dacoity) alleging that on 8.6.05 complainant after purchasing five bottles of Rum and other articles of household use was coming towards his village on motorcycle with one Jitendra, at that time present petitioners restrained him and asked him to give three bottles of Rum and half share of household articles. When complainant refused to fulfill their demand, they assaulted him and thereafter robbed Rum bottles and household articles and also took him to Police Station Maharajpura and got registered a false case against him for an offence punishable under section 34 of Excise Act. On the anvil of complaint .filed by respondent No.2, the learned Special Judge(Dacoity) Gwalior after considering the preliminary evidence adduced by complainant so also the statement of complainant, has taken cognizance and issued arrest warrant against the present petitioners.