KULDEEP TEWATIA Vs. STATE OF HARYANA
LAWS(P&H)-2013-5-773
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 15,2013

KULDEEP TEWATIA Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

- (1.) The matrix of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, petitioner-Kuldeep Tewatia son of Mukhtiar-accused, claiming himself to be Municipal Councillor, had forcibly entered into the office of complainant-Ms.Anita Yadav, Joint Commissioner Nagar Nigam, Old Faridabad (for brevity "the complainant") and threatened her with dire consequences. Consequently, she made a complaint to the police, which in substance, inter alia, is as under:- "Sir today i.e. on 08.03.2013 around 2:30, I was in Survey Branch in the office of Nagar Nigam Old Faridabad and was discussing the diary receipts(Daak) with AE(Survey) and was disposing of the same. Kuldeep Tewatia came to my office and threw 4/5 files on my table and said "sign on these files". When I asked him why he is speaking like this, he said, "you don't know who am I, you have attended only 5/6 meetings of the house". When I asked him to speak properly and behave he said "either you sign these files or should I gather people and get this office into fire." I and AE(Survey) were repeatedly asking him to behave but to this he said "either you think are a very high official or you have some kind attitude which I will remove very soon." He further said "you will loose your life." Meanwhile AE(Survey) took him outside even then he was threatening for the dire consequences and using filthy language. It is, prayed that an FIR be register immediately against above stated councillor and the legal action may be taken."
(2.) Levelling a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that the petitioner has committed the criminal tress-pass, obstructed her in discharge of official duty as a public servant, uttered objectionable words and made such gestures, intended to insult her modesty and criminally intimidated her as well. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the petitioner-accused, vide FIR No.66 dated 08.03.2013(Annexure P-1), on accusation of having committed the offences punishable under Sections 451, 186, 506 and 509 IPC, by the police of Police Station Old Faridabad, in the manner depicted here-in-above.
(3.) Sequelly, instead of submitting to the jurisdiction of the trial Court, now the petitioner-accused has straightway jumped to prefer the present petition, to quash the impugned FIR(Annexure P-1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C.;


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