Madhya Pradesh High Court
Seema Kushwah vs The State Of Madhya Pradesh on 27 April, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 27 th OF APRIL, 2023
MISC. CRIMINAL CASE No. 28775 of 2019
BETWEEN:-
SEEMA KUSHWAH W/O SHRI ARVIND SINGH KUSHWAH
SHIVNAGAR GOSHIPURA, NEAR RAILWAY STATION,
LASHKAR (MADHYA PRADESH)
.....APPLICANT
(SHRI SAMEER KUMAR SHRIVASTAVA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION PS BAHODAPUR (MADHYA
PRADESH)
2. LEGAL ADVISOR NO.1 LOKAYUKT
ORGANIZATION, LOKAYUKT BHAWAN, F BLOCK
OLD SECRETARIAT BUILDING BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI A.P.S. TOMAR, PUBLIC PROSECUTOR FOR STATE AND SHRI
SANKALP SHARMA, ADVOCATE FOR RESPONDENT NO.2)
This application coming on for admission this day, the court passed the
following:
ORDER
This petition under Section 482 of CrPC has been filed by the petitioner for quashing of FIR bearing crime No.213/2019 for the offence punishable under Section 420, 466, 468, 471 of IPC registered at Police Station Bahodapur District Gwalior with all consequential proceedings.
In brief facts of the case for deciding the aforesaid petition is that on Signature Not Verified 26.11.2018 petitioner wrote a letter on a non-judicial stamp addressed to ten Signed by: YOGENDRA OJHA Signing time: 4/27/2023 6:00:42 PM 2 different higher dignitaries including President of India. Subject matter of the aforesaid letter was that a goon namely Pintu Tomar attempted to kill the petitioner by using a firearm from a running car and threatened her to kill her all family member and he would compel her to commit suicide. In the said letter, she made reference of complaint submitted by her on 24.11.2018 to the SHO, Police Station Inderganj Lashkar Gwalior. A deadly attack was made on her husband in the presence of Police Personnel. FIR dated 25.03.2019 in this regard is also annexed with the said letter. Thereafter Pintu Tomar and his accomplice with intention to kill her family members attacked on her house, in regard to which FIR dated 31.07.2017 and CCTV footage were also annexed with the said letter. It is also alleged that Pitnu Tomar is a habitual criminal and has a chequered history and there are several F.I.Rs are registered against him in the Police Stations of Gwalior and he is absconding since 07.04.1992 from Police Station Tajganj Agra. There are nexus of corrupt officials who are hand in glove with Pintu Tomar and his accomplice. She made several complaints but no action was taken against Pintu Tomar and his accomplice. She prayed for rendering the justice. Since the complaint was made by the petitioner on a coloured photocopy of the stamp and put her signature on the said photocopy impugned FIR was registered against the petitioner.
It is submitted by learned counsel for the petitioner that for the purpose of sending the documents in coloured copy for the purpose of clarity so that photographs may be properly seen by the authority, the entire complaint was photocopy including the stamp paper. The stamp paper or any other document has not been sent as original and it is clear that a copy of the original complaint has been sent to office of Lokayukt. Therefore, no offence is made out against Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/27/2023 6:00:42 PM 3 the petitioner. The instant FIR is baseless, frivolous and deserves to be quashed.
Learned counsel for the respondent No.2 vehemently opposed the prayer made by learned counsel for the petitioner.
After hearing learned counsel for the rival parties and perusal of record, it is evident that petitioner is not aggrieved with any economical offence committed by public servant neither she has alleged that somebody has amassed illegal cash or property which comes within the domain of Lokayukt Institution. Despite this only on the ground that petitioner has made complaint on coloured photocopy of stamp and on the said photocopy she has put her signature, FIR was lodged against her. There is no connection with the FIR and the prayer of petitioner with Lokayukt Institution. For the sake of satisfaction, she has endorsed her complaint to the Lokayukt. If the impugned FIR is not quashed, petitioner who is already suffering with the atrocities attributed to her by the accused Pintu Tomar and his accomplice, she will have to suffer another judicial process which is not at all desirable. The impugned FIR is nothing but an abuse of process of law.
Considering the overall aspects of the matter, the impugned FIR is nothing but sheer and clear abuse of process of law. In view of the law laid down by Hon'ble Apex Court in State of Haryana and Others Vs. Bhajanlal and others reported in (1992) Suppl. 1 SCC 335, this is a fit case to exercise extraordinary powers under Section 482 of Cr.P.C. and to quash the impugned FIR.
Consequently, petition is allowed. FIR bearing crime No.213/2019 for the offence punishable under Section 420, 466, 468, 471 of IPC registered at Police Station Bahodapur District Gwalior and all consequential proceedings are Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/27/2023 6:00:42 PM 4 hereby quashed.
(DEEPAK KUMAR AGARWAL) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/27/2023 6:00:42 PM