MUKESH CHOUHAN Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner seeking quashing of the FIR No.32/2009 registered against the petitioner at Police Station, Sadar Bazar, Jodhpur.

(2.) When the misc. petition was taken up by this Court on 18.3.2009, this Court had stayed the further proceedings in the matter. The allegation in the impugned FIR registered for the offences under Section 294 of the IPC and Section 67 of the I.T. Act is that the petitioner is a habitual offender and has relations with renowned history-sheeters of the city. The complainant further alleged that the petitioner was giving threats & obscene abuses to the complainant through his cellphone, the number of which has been mentioned in the FIR; and that despite request being made by the senior members of the society to the petitioner to improve his conduct, instead of refraining from his nefarious activities, the petitioner tried to assault the complainant for which he was bound down for six months. After lapse of period of six months, the accused petitioner resumed his nefarious activities and he again gave obscene abuses to the complainant in the name of his mother and sister. The complainant tried to report the matter to the Police but because the accused is a resourceful person, the FIR was not registered. Upon which, the complainant ultimately filed a complaint in the concerned Court which was forwarded to the Police Station, Sadar Bazar,Jodhpur where the FIR No.32/2009 has been registered and investigation was commenced.

(3.) Mr. Arpit Bhoot, learned counsel for the petitioner submits that even if the allegations made in the FIR impugned are accepted to be true as they are, then too, no prima facie offence under Section 294 of the IPC or Section 67 of the I.T. Act are disclosed.