TEJVEER SINGH Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.718/2012 registered at Police Station-Mathura Gate, Bharatpur upto extent of offences under sections 332 and 353 IPC.

(2.) The short facts of the case are that the petitioner is an Advocate by profession and practicing at District Court, Bharatpur. The respondent no.2 lodged an FIR No. 718/2012 at Police Station- Mathura Gate, Bharatpur against the present petitioner and his son for the offence under section 332 and 353 IPC.

(3.) The contention of the present petition is that the RUIDP wanted to construct a water tank in the Krishna Nagar in the public park which is causing nuisance in the park. The petitioner raised his voice for constructing the water tank at some other place and also filed the civil suit. In this suit,the respondent no.2 filed an application for impleading him as party. Petitioner also filed a PIL before the Hon'ble High Court. The Hon'ble High Court has ordered that while ascertaining technical aspects of the matter, an expert opinion should be called for and thereafter only the representations of the various persons should be decided and also it should be considered that at which place the water tank should be constructed. In this backdrop, the government officials were gone at site to ascertain the viability of the construction of the water tank. The presence of respondent no.2 was neither required nor expected at the place but with the ulterior motive he went at the spot in his personal capacity and lodged a false report against him under section 332 and 353 IPC.