Rajkumar Raghuwanshi vs Police Station Incharge

Alok Verma, J.—This application under Section 482 of Cr.P.C. is filed for quashing of an FIR registered at Police Station Sohagpur under Sections 294, 506, 451 of IPC and Section 3(i)(x) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act.

According to the petitioners, petitioner No. 1 is Vice President of Janpad Panchayat, Sohagpur and President of Education Committee, Janpad Panchayat Sohagpur whereas petitioner Nos. 2&3 are businessmen and reputed persons of their locality. Complainant Smt. Sumitra Bamaniya is an antisocial element and she creates nuisance for reputed citizens of the locality. She earlier tried to blackmail one businessman Rajesh Agrawal, who filed a civil suit against her and in the civil suit, an injunction order was passed against her restraining her to file false complaint against the businessman. According to the petitioners, said Smt. Sumitra Bamaniya is running a school in a house, which does not have sufficient space for the purpose and, therefore, to implement the order passed by the Sub Divisional Officer, the petitioners requested her to shift the school. On this, Smt. Sumitra Bamaniya abused them and filed a false complaint against them in the Police Station Sohagpur on which Crime No. 262/2007 was registered under the aforesaid sections.

This petition is filed on the ground that the complaint is false and frivolous and complainant Smt. Sumitra Bamaniya is habitually harassing various reputed persons of the locality and she used to file false complaint against them. The petitioners also filed a representation before Deputy Superintendent of Police (AJK) District Hoshangabad, which is Annexure P/7 even then without taking their representation into consideration, the police proceeded with the case and registered the crime against them. Smt. Sumitra Bamaniya was running the school illegally in the premises and it was in the public interest to shift the school from the premises to a more suitable place. However, when the petitioners requested her to do so, she took an offence and lodged false complaint against them. On the aforesaid ground, the petitioners pray that the FIR lodged against them be quashed.

A stay order was issued by this court on 20.2.2008 ordering thereby it was ordered that the proceeding in respect of Crime No. 262/2007 registered at Police Station AJK, District Hoshangabad and the proceeding before Additional Chief Judicial Magistrate in Criminal Case No. 2031/2007 shall remain stayed.

I have heard learned counsel for the parties and perused the record.

The only ground on which the petitioners seek to get the first information report quashed is that complainant Smt. Sumitra Bamaniya used to file false complaint against reputed persons of the locality to blackmail them and to harass them. However, such a ground cannot form the basis for quashing of the first information report. There are specific allegations in the FIR on which crime was registered against the petitioners. The matter was investigated by the police and a charge-sheet was filed before the Court of Additional Chief Judicial Magistrate, Hoshangabad. The Magistrate has also taken cognizance of the offence and, therefore, the law will take its own course. The petitioners will get an opportunity to put up their defence before the trial court and accordingly I find no reason to use the powers given to this Court under Section 482 of Cr.P.C. and quash the FIR in question.

The petition being devoid of merit is dismissed accordingly. Stay order granted by this court on 20.2.2008 is hereby vacated.