1.0 Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant hereinoriginal accused to quash and set aside the impugned FIR being CRNo. II112 of 2010 lodged with the Limkheda Police Station, Dahod filed by the respondent no.2 herein the then Police Inspector, Limkheda Police Station, Dahod for the offences punishable under Section 186 r/w Section 114 of the Indian Penal Code.
2.0 The facts leading to the present Criminal Miscellaneous Application in nutshell are as under:
2.1. That one FIR was lodged / registered with the Limkheda Police Station being CRII No. 109 of 2010 for the offences under Sections 279 and 427 of the Indian Penal Code as well as Sections 177 and 184 of the Motor Vehicles Act against the original accused no.1 Shri Mobin Yusuf Jujara and the said accused came to be arrested and the respondent no.2 herein original complainant was investigating the said FIR. It is alleged in the said complaint that when the investigation was going on with respect to the aforesaid FIR being No. CRII No. 132 of 2010 which was filed against original accused No. 1 at that stage he started threatening the Investigating Officer and to close the proceedings and if the proceedings are not closed and / or is not released the Investigating Officer has to face dire consequences and he has given the threats that he will be falsely implicated in the case. It is further alleged that at that time he received one call from Mobil No. 9998619019 (alleged to be belonged to the petitioner herein) and on the phone the Investigating Officer original complainant herein was given threats and he was told that if the proceedings are not closed in that case, he will has to face consequence and he is also sending one fax from which he will see to it the consequence of the same. Making aforesaid allegation, the impugned FIR has been filed.
Being aggrieved and dissatisfied with the impugned FIR, the applicant hereinoriginal accused no.2 who has administered threats to the Investigating Officer who has investigating another FIR has preferred the present application under Section 482 of the Code of Criminal Procedure.
3.0 Shri Kharadi, learned advocate for the applicant has vehemently submitted that as such the applicant has not committed any offence as alleged. It is further submitted that as such the applicant gave one complaint to the DSP, Dahod on 22.9.2010 against the complainant and immediately on receipt of the same thereafter, the complainant has lodged the impugned FIR as counter blast to the complaint made by the petitioner. By making above submissions, it is requested to allow the present application.
4.0 Application is opposed by Shri Dabhi, learned APP on behalf of the respondent State and original complainant. It is submitted that as such there are specific allegations and averments in the FIR prima facie making out commission of cognizable offence, which is required to be investigated qua applicant. It is further submitted that so far as another accused is concerned, after the investigation is concluded he has already been charge sheeted. It is further submitted that in fact after the petitioner gave threats on mobile that the complainant will be roped in false case and he was threatened that he will be sending the fax and thereafter after he administered the threats the petitioner has sent the complaint to the DSP, Dahod. Therefore, it is submitted that the impugned FIR which is lodged prior in time then that of giving the complaint by the petitioner to the DSP, Dahod, it cannot be said to be a counter blast to the complaint filed by the petitioner. Therefore, it is requested to dismiss the present application.
5.0 Heard the learned advocates for the respective parties at length and considered the averments and allegations in the FIR. Considering the same, it appears that a prima facie case is made out against the accused persons making out cognizable offences for the offence alleged, which are further required to be investigated by the Investigating Officer. It appears that the Mobile Number from which the threats were administered to the concerned Investigating Officer / complainant herein belonged to the petitioner. It is not in dispute that applicant had in fact conversation with the Investigating Officer. Whether the said call was made by the petitioner and by which he had given threats or not is question of investigation which is required to be investigated by the concerned Investigating Officer.
6.0 Now, so far as the contention on behalf of the applicant that he sent the complaint to the DSP, Dahod on the very day against the Investigating Officer and thereafter as a counter blast the Investigating Officer has filed the impugned FIR is concerned, it appears that threats were administered first and thereafter the FIR was filed and only thereafter the complaint has been sent by the petitioner, much after registration of the FIR. Under the circumstances, prima facie it cannot be said that the impugned FIR is counter blast to the complaint filed by the petitioner made to the DSP, Dahod.
7.0 In any case, the averments and allegations in the FIR prima facie disclosed the cognizable offences which are required to be investigated by the Investigating Officer during the course of the investigation. As stated above that so far as original accused no.1 is concerned, after the investigation is concluded he has already charge sheeted. Considering the aforesaid facts and circumstance of the case, it appears to the Court that no case is made out to exercise the powers under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned FIR at the very threshold and without any further investigation so far as applicant is concerned.
8.0 In view of the above and for the reasons stated above, applicant fails and same deserves to be dismissed and is accordingly dismissed. Rule is discharged. Adinterim relief, stands vacated forthwith.
kaushik sd/ (M.R.SHAH, J.)