JATIN PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this petition under section 482 of Cr.P.C originally seeking quashment of FIR in connection with crime No.261/2018 registered by Police Station Kotwali District-Khandwa against the petitioner for having committed offence under sections 383, 385, 294 and 506-II of IPC and further proceeding thereon.

(2.) According to the case of prosecution, on 27.3.2019 the complainant lodged a written report at Police Station Kotwali Khandwa alleging that the accused persons, namely Gopal and Jagannath are causing mental pressure on the complainant for purchase of an insurance policy from the Bajaj Allianz, though he is not in position to buy the policies, present petitioner-being one of the friends of aforesaid accused persons, is also involved in commission of the offence of extortion. On that FIR the aforesaid offence against the petitioner is registered.

(3.) It is submitted by learned Senior Counsel for the petitioner that the allegations levelled against him are false and frivolous and the petitioner is falsely implicated in the present case due to his presence in the place of incident. The complainant has also filed an objection/application before the Trial Court to cite the present applicant as a prosecution witness and in the statement under Section 164 of Cr.P.C, no allegations have been made against the present applicant. It is further submitted that after about 5 months from the date of lodging of the report, merely on surmises, the name of the present petitioner has been foisted in commission of the alleged offence. It is submitted that the applicant is a reputed businessman of the locality and has no criminal antecedent against him.