Judgment:
M.Cr.C.No.14687/2012 M.Cr.C.No.14687/2012 27.1.2014 Shri Brijendra Kushwaha, counsel for the applicant.
Shri O.P.Tripathi, counsel for the respondent No.1.
Shri G.S.Thakur, Panel Lawyer for the State/ respondent No.2.
Heard on admission.
The applicant has moved an application under section 482 of the Cr.P.C.to quash the proceedings of criminal complaint case No.497/2012, pending before JMFC, Sirmour, District Rewa for offence punishable under sections 353/34, 323/34 of IPC.
The prosecution's case, in short, is that, the respondent No.1 had lodged an FIR against the applicant that on 5.1.2011 he entered in the premises of Primary School, Kharhari and abused the complainant and assaulted him while he was doing his public duties.
The complainant had lodged an FIR but, no charge-sheet has been filed by the police.
Under such circumstances, the complainant filed a criminal complaint before the concerned Magistrate.
After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, where the M.Cr.C.No.14687/2012 complainant had timely lodged the FIR against the applicant and he was working as Assistant Teacher in the school prima facie his testimony cannot be brushed aside.
It is true that SDOP of the concerned area has issued enquiry report, Annexure A/7 to show that no offence is made out against the applicant.
Actually that report was given to the Collector on the complaint made by the complainant to the Collector.
However, it is true that SHO concerned did not file any charge-sheet.
On the contrary, a final report was submitted.
If the police refused to prosecute any person for any crime then, still the complainant has a right to file a criminal complaint.
Since there was enmity between the parties then, for that enmity it cannot be said that the complaint is false.
On the contrary, due to enmity it is possible that the complainant was assaulted by the applicant in the school.
Under such circumstances, at present, there is no reason to quash the proceedings of the complaint case.
It is not a case in which the inherent powers under section 482 of the Cr.P.C.given to this Court may be exercised in favour of the applicant.
Consequently, application under section 482 of the Cr.P.C.filed by the applicant Koshlesh Prasad Pandey is hereby dismissed at motion stage.
M.Cr.C.No.14687/2012 A copy of the order be sent to the trial Court for information.
(N.K.GUPTA) JUDGE Pushpendra