LAWS(RAJ)-2013-11-316

DINESH CHAND SHARMA Vs. STATE AND ORS

Decided On November 09, 2013
DINESH CHAND SHARMA Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) This Misc. Petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.49/2012 registered at Police Station Dudu, Jaipur Rural for the offence u/s 341/504 IPC read with section 3(1)(x) of SC/ST Act.

(2.) The short facts of the case are that an FIR no. 49/2012 has been registered against the petitioner by the complainant Ramesh Chand Meena on account of malafide just to counter force criminal action taken by the petitioner against the Minister Babu Lal Nagar. His contention is that on 15.02.2012, the District Collector arranged a programme of public hearing and grievance redress in the office of Panchayat Samiti Dudu. One news published in Rajasthan Patrika dated 15.02.2012 which reflects grave irregularities and illegalities committed by the Minister and accused petitioner reading and discussing that newspaper in the gathering, Shivram Khuradiya was also present there who is close with Minister. The accused petitioner was threatened on phone on 17.2.2012, abusing language has been used and the present petitioner filed a complaint against Shiv Ram Khuradiya and Minister Shri Babu Lal Nagar hence this false FIR has been lodged against him with political rivalry. Allegations in FIR are false and fabricated and be quased.

(3.) Per contra, the contention of learned Public Prosecutor is that impugned FIR 49/2012 is lodged on 18.02.2012 whereas present petitioner has lodged complaint on 21.02.2012 and complainant Ramesh Chand Meena is not a party in the complaint presented by the petitioner hence there is no reason to quash the FIR.