L. P. SHARMA Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner for quashing the First Information Report registered against the petitioner by Police Station City Kotwali, District Bhind in connection with Crime No. 620/2018 for the offence punishable under Sections 465, 468, 471, 193, 195 and 197 of IPC and its consequential proceedings.

(2.) The facts leading to filing of the present petition are that the complainant had registered a case against the petitioner and other co-accused persons alleging therein that the petitioner had lodged an FIR at City Kotwali, Bhind bearing Crime No.224/2018 for the offence under sections 332, 353, 506, 323, 294, 34 of IPC. During the course of investigation, MLC was conducted and in the x-ray report fracture was found. The petitioner was again medically examined and in the second report, no fracture was found, hence both the reports were sent to the Joint Director and the Superintendent, J.A. Group of Hospital, Gwalior for further examination. They examined both the reports and found that there is no fracture or bone injury. It is found that Dr. R.K.Singh, Radiologist, District Hospital, Bhind had committed forgery with the collusion of the petitioner. On the basis of aforesaid, Police Station, City Kotwali, Bhind registered Crime No. 620/2018 against the petitioner.

(3.) Learned counsel for the petitioner has contended that false allegations have been levelled in the complaint. As a counter blast the complainant has filed false complaint against the petitioner. It is contended by learned counsel for the petitioner that no evidence is available on record to show that the petitioner had committed forgery in collusion with the coaccused. It is further submitted that Section 193 IPC provides that whoever intentionally gives false evidence at any stage of judicial proceedings, but in the present case no judicial proceeding is pending, therefore, offence under Section 193 IPC is not made out. It is also submitted that the offence under Section 195 of IPC is not made out because the petitioner has not fabricated false evidence with intent to procure conviction of offence punishable with life imprisonment. There is no allegation against the petitioner for issuing any false certificate or sign any forged document. Hence, it is contended that the offences levelled against the petitioner are not made out against him. On these premises, prayed for quashing of the FIR registered at Crime No. 620/2018 and its consequential proceedings.