SITARAM MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner- accused Sitaram Meena preferred this criminal writ petition under Article 226 of the Constitution of India read with Rule 315 (1) H of the Rajasthan High Court Rules, 1952 and prayed for quashing impugned FIR No. 71/2017 dated 03.02.2017 (Annexure-1) registered at Police Station Kanota, Jaipur (East) for offence punishable under Sections 420, 406 and 120-B of IPC.

(2.) The brief facts of the case are that respondent No.- 2- complainant filed a criminal complaint before learned Metropolitan Magistrate No. 24, Jaipur Metro against the present petitioner wherein it was alleged that on instance of petitioner- accused he excavated soil from his agricultural field and also operated J.C.B. machine and transported the soil in the intervening period of 05.05.2015 to 01.06.2015, the total work was done for Rs. 6,72, 950/- out of which petitioner- accused paid only Rs. 2,83, 000/-, remaining amount Rs. 3,89, 950/- has not been paid even after repeated calls and reminders, rather gave threatenings and misbehaved with respondent.

(3.) The aforesaid complaint was sent under Section 156 (3) Cr.P.C. for investigation to SHO, Police Station Kanota. In compliance of the order of learned Metropolitan Magistrate No. 24, Jaipur Metro, FIR No. 71/2017 for offence punishable under Sections 420, 406 and 120-B IPC was registered at Police Station Kanota and investigation commenced.