ORDER

This petition under Section 482 of Cr.P.C. has been filed seeking quashment of F.I.R. and charge sheet of Crime No.327/2017 of Police Station Kundipura, District Chhindwara and the proceeding of Criminal Case No.1231/2017 arising out of aforesaid F.I.R. pending before the Court of JMFC, Chhindwara.

Learned counsel for the petitioner has submitted that on 5.8.2017 complainant/ respondent No.2 lodged a false report against the present petitioner and others alleging that when she was discharging her public duties as a Teacher in School, the present petitioner along with other co-accused persons entered into office of the school where she was discharging her duties as public servant and thrown away school registers. He abused her and uttered filthy words related to mother and sister. He told that why she has got payment of his salary stopped. Hearing commotion, Leena Chandel Madam and Surendra Vishwakarma reached in the office and tried to pacify the matter but present petitioner and others continued to abuse them and also threatened her of dire consequences if she did not work as per their wishes. On the basis of written complaint filed on 5.8.2017, F.I.R. was registered. After investigation charge sheet has been filed and petitioner along with others is facing trial before J.M.F.C. for commission of offences under Section 294, 353, 506 read with Section 34 of IPC.

Learned counsel for the petitioner has drawn attention of this Court towards the various copies of documents and has submitted that petitioner had made a complaint against the respondent No.2 before the authorities and police, owing to which she was having enmity with him. It is further submitted that villagers too had made a complaint against respondent No.2 and on account of loose complainants she has lodged false report against him and others. Therefore, it has been prayed that proceedings arising out of F.I.R. No.327/2017 of Police Station Kundipura, District Chhindwara and the proceeding of Criminal Case No.1231/2017 pending before the Court of JMFC, Chhindwara be quashed.

On the other hand, learned Panel Lawyer has submitted that petitioner along with some other persons is facing Trial. The documents filed with the petition by the petitioner alleging that he had made complaint against respondent No.2/ complainant, due to which she has falsely implicated the petitioner, is a matter of defense and such documents cannot be considered in a petition under Section 482 of Cr.P.C. for quashment of F.I.R. and criminal case.

It is undisputed that petitioner along with others is facing trial for commission of offence under Section 294, 353, 506 read with Section 34 of IPC. It is undisputed that at the time of commission of offence complainant was posted as a Teacher in the School and was a public servant. Thus, she was a public servant. She has lodged a named F.I.R. against the petitioner and others and after investigation charge sheet has been filed. Whatsoever has been submitted before this Court by learned counsel is a matter of defense. Complaint made against complainant / respondent No.2, cannot be considered in a petition under Section 482 of Cr.P.C. for quashing the proceedings. If petitioner is of the view that he has been falsely implicated, he would get sufficient opportunity to furnish his defense before the trial court. But his defense cannot be considered in a petition under Section 482 of Cr.P.C. as same is beyond scope of Section 482 of Cr.P.C.

In view of the above, this Court find no sufficient reason to quash the F.I.R. and charge sheet arising out of Crime No.327/2017 of Police Station Kundipura, District Chhindwara and the proceeding of Criminal Case No.1231/2017 pending before the Court of JMFC, Chhindwara.

Thus, this petition being devoid of merits is dismissed.

(DINESH KUMAR PALIWAL)

JUDGE mrs. mishra