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2004 DIGILAW 1123 (RAJ)

Pramod Sharma v. Smt. Sohan Kanwar

2004-08-05

N.N.MATHUR

body2004
JUDGMENT 1. - By way of instant petition under section 482 Cr.P.C., petitioner seeks to quash the order dated 17.6.2003 passed by the learned Additional Sessions Judge No. 1, Bhilwara refusing to interfere with the order dated 18.11.2002 passed by the learned Judicial Magistrate, First Class, Bijoliya taking cognizance against the petitioner for the offence under section 354 Indian Penal Code. 2. Briefly stated the facts of the case are that on 12.10.2000, the first respondent-Smt. Sohan Kanwar submitted a complaint in the Court of learned Judicial Magistrate, Bijoliya alleging that the petitioner herein, who was posted as SHO Police Station Bijoliya, on 26.12.1999 at about 7.00 p.m., entered into her house and outraged her modesty in the presence of her daughters viz.; them Kanwar and Pushpendra Kanwar. The complaint was sent for investigation to the SHO, Police Station, Bijoliya under section 156(3) Criminal Procedure Code During investigation, it was found that the complainant's son Ghanshyam Singh was a notorious criminal and wanted in number of cases. He was also helped by complainant's husband Nahar Singh, who was the police constable. Because of influence of Nahar Singh, Ghanshyam Singh could not be arrested. However, when the petitioner herein was posted at Bijoliya, he got Ghanshyam Singh arrested and took up investigation in all pending cases. When he was transferred to another Police Station at Bigod, a false and fabricated complaint was filed after ten months. 3. Having perused the record, I am of the view that proceeding against the petitioner is an abuse of process of Court. Learned Magistrate has not looked into the probabilities, particularly the reasons given by the police for forwarding the Final Report. On face, there is absolutely no explanation for delay of ten months in filing the complaint. The complainant could not approach the higher police authorities. It also involved a point of sanction under section 197 Criminal Procedure Code If such proceedings are allowed to continue, it would cause a great harassment to an honest police officer. 4. Consequently, the Miscellaneous Petition is allowed. The order dated 17.6.2003 passed by the learned Additional Sessions Judge No. 1, Bhilwara and the order dated 18.11.2002 passed by the learned Judicial Magistrate, First Class, Bijoliya are quashed and set aside. The proceedings against the petitioner being Criminal Case No. 196/2002 "State v. Pramod Sharma" pending in the Court of learned Judicial Magistrate, Bijoliya are quashed.Petition allowed. *******