Pushpendra Singh Bhati, J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of FIR No.322/2016 registered at Police Station Kotwali, Nagaur for the offences under Sections 115 and 108 IPC.
(2.) Learned counsel for the petitioner, Shri Muktesh Maheshwari has argued that respondent No.2/complainant is presently the Chairman of Municipal Board, Nagaur and since the present petitioner made a complaint to the Human Rights Commission on 14.07.2016 levelling certain allegations against respondent No.2 regarding misusing of funds, therefore, respondent No.2 is using the present FIR as a tool to compel the petitioner for taking back the complaint filed by him.
(3.) Learned counsel for the petitioner however, argued that taking advantage of an official position and being a politically powerful person, respondent No.2 has lodged this FIR with a limited object of putting undue pressure upon the present petitioner. Learned counsel for the petitioner has also raised the issue of criminal antecedents of respondent No.2, which according to him, reflects that respondent No.2 himself was not on the right side of law. Learned counsel for the petitioner has also argued that unless the prime link of the present petitioner with Balveer, who is also an applicant before this Court is established, the petitioner would not fall within the ambit of the present set of crime alleged to have been committed by him.;