Maniklal Verma v. Urmila Bai

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 511 of 2015 Maniklal Verma S/o Jailuram Verma Aged About 41 years R/o Village Paalandur, Thana And Tahsil Dongargarh, District Rajnandgaon, Chhattisgarh ---- Applicant

Versus

Urmila Bai W/o Lendas Ratre Aged About 55 Years Caste- Satnami, R/o Paalandur, Thana And Tahsil Dongargarh, District Rajnandgaon, Chhattisgarh ---- Respondent Shri Parag Kotecha, counsel for the applicant. Order On Board 11/08/2015 Heard.

The applicant is apprehending his arrest upon registration of offence under Section 354, 452-A, 427 of IPC on the complaint of the complainant / respondent. 2.

Learned counsel for the applicant submits that there is a dispute with regard to possession of the land and proceedings have already been initiated at the instance of the applicant before the Tahsildar for eviction of Lain Das-husband of the complainant. It is submitted that the applicant falsely lodged report in the police station and offence under Section 294, 323, 506 IPC were registered against the applicant in which charge sheet have been filed and charges framed. It is further submitted that the prosecutrix exaggerated the incident in order to somehow involve the applicant under non-bailable offence and filed complaint before the Magistrate in which, she had made allegations of abuse, assault and tearing of her clothes/blouse worn by her. This is a case of false implication.

3.

After perusing the contents of the complaint and the preliminary statements as also other documents which includes report submitted in the police station immediately after the incident and the allegation of commission of offence under Section 354 of IPC, I am not inclined to extend the benefit of anticipatory bail to the applicant. The application is therefore rejected.

4.

Relevant records be sent back forthwith to the Court of Special Judge, Rajnandgaon.

Sd/- Manindra Mohan Shrivastava Judge Deepti