PRIYANKA PARASHAR Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. B. K. Mahajan, learned counsel for the petitioner. HEARD also Mr. N. M. Jamir, learned counsel for the respondent No.1 and Mr. N. Mozhui, learned counsel for the respondent No.2.

(2.) THIS petition has been filed for quashing the FIR lodged by the respondent No.2 against the petitoiner which was registered as Dimapur East P.S. Case No.263/2010 under Section 120(B)/409/405/465/182/500 of IPC.

(3.) MR. B.K. Mahajan, learned counsel for the petitioner, broadly submits that the respondent No. 2 filed the aforesaid FIR against the petitioner as a counterblast, inasmuch as, the petitioner, before filing of the aforesaid FIR by the respondent No. 2, lodged FIR on 6.7.10 against her which was registered as Dimapur East P.S. Case No. 192 of 2010 under Section 467/468 IPC. The second submission is that the FIR in question filed by the respondent No.2 does not disclose any offence under Section 409/406/405 IPC even if the allegation is taken on their face value and accepted in their entirety, inasmuch as, present petitioner at no point of time, was entrusted with the property/money or ever had dominion over the property or the money in the said property has been dishonestly misappropriated or converted by the petitioner to her own use. Similarly, no prima facie case is found to proceed against the petitioner under Section 120(B)/182/500 IPC.