NEERAJ GOSWAMI Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C. for quashing the FIR registered at Crime No.170/2009 at P.S. Mungawali, Distt. Ashoknagar under Sections 420, 205, 467 and 468 of IPC.

(2.) Brief facts of the petition are that on 23.4.2009 Addl. CJM, Mungawali has passed an order for giving the Hero Honda motorcycle bearing registration No.MP-42-BA-6383 in the interim custody of owner Yashwant Soni after furnishing Supurdginama alongwith bail of Rs.50,000/-. In compliance of the said order, Yashwant Soni furnished Supurdginama and bail papers and surety Akhlesh appeared on his behalf alongwith Bhu Adhikar Pustika. On verification by the Court, the surety told his name as Kallu son of Kishanlal. Petitioner Neeraj Goswami, who was an Advocate, had identified Kallu son of Kishanlal Ojha as Akhlesh S/ o Kalyan Singh. Hence, learned ACJM sent a complaint to police Station, Mungawali, against Yashwant, Kallu and Neeraj Goswami, upon which Crime No.170/09 under Sections 420, 205, 467 and 468 of IPC has been registered. After investigation, charge-sheet has been filed before JMFC, Mungawali, from where the case has been committed to the Sessions Judge and the same is pending before the Addl. Sessions Judge, (Fast Track Court), Mungawali in S.T.No.211/2009 (State of M.P. Vs. Yashwant Soni and others). Being aggrieved, the petitioner has preferred this petition.

(3.) It is submitted by learned counsel for the petitioner that petitioner is impleaded in the said criminal case only because he has identified a wrong person Kallu @ Kailash as Akhilesh son of Kalyan, while in fact the petitioner was not having any prior knowledge of the fact that said Kallu @ Kailash is a wrong person and he is giving surety in the name of another person Akhlesh son of Kalyan. It is further submitted that petitioner has agreed to identified the said person on the basis of Bhu Adhikar Pustika over which the photograph of the said person was affixed and below the photograph, his name was mentioned as Akhlesh and also on the basis of affidavit produced by said person which was sworn before Oath Commissioner Shri Anand Kumar Shrivastava. There is no prima facie material on record to constitute the offence against the petitioner under Sections 420, 205, 467 and 468 of IPC. Hence, the continuance of the proceedings of Sessions Trial No.211/09 (State of M.P. vs. Yaswant Singh & Ors.) under Sections 420, 205, 467 and 468 of IPC in respect of Crime No.170/09 pending before learned ASJ, (FTC), Mungawali, Ashoknagar, is an abuse of process of law. It is prayed that aforesaid proceedings be quashed.