Madhya Pradesh High Court
Devendra Singh Sengar vs The State Of Madhya Pradesh on 17 April, 2015
M.Cr.C.No.5116/2014
1
17.4.2015 Shri Himanshu Sharma, counsel for applicant.
Shri F.A.Shah, Panel Lawyer for the State/ respondent.
Heard on admission.
The applicant has challenged the registration of crime No.414/2013 against the applicant for offence under Section 166 (A) (C) of IPC.
The facts of the case, in short, are that, an FIR was lodged by the prosecutrix against one constable Rajendra Jatav that he committed rape upon her and the matter was referred by the prosecutrix before the applicant, who did not lodge the FIR. Thereafter, a complaint was made by the prosecutrix before the CSP concerned that the applicant did not follow the modified provisions of Section 154 of IPC and therefore, he committed crime under Section 166 (A) (C) of IPC.
After considering the submissions made by the learned counsel for the parties, prima facie it appears that the applicant being an officer who was required to lodge the FIR and to investigate the M.Cr.C.No.5116/2014 2 matter according to the amended provisions of Section 154 of the Cr.P.C. has flouted the provisions of law and prima facie offence under Section 166A
(a) (c) of IPC is made out against him. Under such circumstances, it cannot be said that a false FIR has been lodged against the applicant.
At present, there is no basis to quash the registration of crime No.414/2013. It is not a case, in which inherent powers of this Court under Section 482 of the Cr.P.C. may be exercised in favour of the applicant. Petition under Section 482 of the Cr.P.C. filed by the applicant Devendra Singh Sengar appears to be not acceptable.
Consequently, it is hereby dismissed at motion stage.
(N.K.Gupta) Judge Pushpendra