IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV rd ON THE 3 OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 23465 of 2022 Between:-

1. RAJESH KUMAR S/O SHRI RAMA SHANKAR VERMA, AGED ABOUT 36 YEARS, OCCUPATION: STATE HEAD COMMERCIAL VEHICLE INDUSIND BANK 211 SARAN CHAMBERS 2 PARK ROAD LUKCNOW UP R/O BANGLA BAZAR LUCKNOW (UTTAR PRADESH)

2. VIVEK CHAUHAN S/O SHRI RAJU CHAUHAN, AGED ABOUT 29 YEARS, BRANCH MANAGER INDUSIND BANK NEAR ELITE CHAURAHA, JHANSI ROAD LALITPUR, RESIDENT OF MAHRONI DISTRICT LALITPUR (UTTAR PRADESH)

......PETITIONERS (BY – R.K. SHARMA, SENIOR COUNSEL WITH SHRI S.S. TOMAR ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION PS PURANI CHAWANI (MADHYA PRADESH)

2. ALOK CHATURVEDI S/O SHRI KAILASH NARAYAN CHATURVEDI, AGED ABOUT 41 YEARS, OCCUPATION: TRANSPORTER AZADPURA WARD NO. 16 NAHAR ROAD LALITPUR (UTTAR PRADESH)

3. STATE OF M.P. THR. POLICE STATION CIVIL LINES MORENA MORENA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI P. TANWAR- PANEL LAWYER)

(BY SHRI T.C. NARWARIYA- ADVOCATE FOR COMPLAINANT)

------------------------------------------------------------------------------- This petition coming on for hearing this day, the court passed the following:

O R D E R

The present petition has been filed u/S.482 of Cr.P.C. for quashing the FIR and other consequential proceedings registered by Police Station Purani Chhawani, District Gwalior (M.P.) at Crime No.102/2022 u/Ss.365, 395 and 120-B of IPC and Section 11/13 of The M. P. Dakaiti Avam Vyapharan Prabhavit Kshetra Act, 1981.

The facts in brief to decide the petition are that on 2/3/2022 at about 5.15 p.m., respondent no.2/complainant made a written complaint to the Police Station Civil Lines, Morena (M.P.) alleging that he is registered owner of truck bearing registration No. HR- 38-X-4298 which was passing through Gwalior by pass on 9/4/2021 at about 10.00 a.m. and truck was overtaken by a white car and 5-6 boys intercepted the truck and forcibly entered into the truck. When driver Veer Singh objected them then the boys abused him and beaten the driver. Thereafter, the boys took the truck to some unknown place and kept the truck in a godown. The boys told the driver that they are Agents of Bank and you are defaulter in paying the installments, therefore, with the permission of Bank Manager Vivek Chauhan, they took the possession of the truck. The boys, demanded some money for releasing the truck. The boys are not the bank employees and they are members of the gang and used to intercept the trucks and they forcibly get the money. The complainant informed the Control Room, of Gwalior Police as they were working for Puniya Associates. On the basis of above written complaint, Police Station Civil Lines Morena (M.P.) registered the F.I.R. on 2/3/2022 at crime No.0/2022 under sections 365, 395,120-B I.P.C. and under sections 11/13 of The Madhya Pradesh Dakaiti Avam Vyapharan Prabhavit Kshetra Act, 1981 and since according to Morena Police, the case was of Gwalior jurisdiction, therefore, transferred the case (FIR) to Gwalior whereupon Police Station Purani Chhawani, District Gwalior registered at FIR at Crime No.102/2022 under Sections 365, 395, 120-B of IPC and Section 11/13 of MPDVPK Act.

Learned counsel for the petitioners argued that the petitioners were not present at the alleged place of incident and they did not part in the alleged offence and no overt act is attributed to them, therefore, no offence of abduction and dacoity is prima facie made out against them. Both the petitioners are working in INDUSIND Bank. The complainant/respondent No.2 obtained loan from INDUSIND Bank in several accounts and his intention was not to pay the installments of loan, therefore, with mala-fide intention and ulterior motive he has lodged the false report, therefore, it should be quashed in view of the law laid down by Apex Court in the case of State of Haryana Vs. Bhajanlal and Ors., reported in AIR 1992 SC 604. It is further argued that FIR i