Banshpati B. P. Patel v. Lalita Das

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 911 of 2015 • Banshpati ( B. P. ) Patel S/O Raghuvansh Prasad Patel Aged About 44 Years R/O E.A.C. Colony Near Hanuman Mandir, Raipur, Tah. And Distt. Raipur Chhattisgarh. ---- Petitioner

Versus

1. Lalita Das W/O Kishorilal Verma Aged About 45 Years Occupation Cleaner, At Dr. Bheem Rao Ambedkar, (Mekahara) Hospital, Raipur Chhattisgarh. R/O At C/O Sanjay Das, Near Chitragupt School, Bhanpuri Market Police Station, Bilaspur Road, Raipur, Civil And Rev. Distt. Raipur Chhattisgarh.

2. State Of Chhattisgarh Through Station House Officer Moudahapara, Raipur, Distt. Raipur Chhattisgarh.

---- Respondents 14/10/2015 Shri V.C. Ottalwar, counsel for the petitioner. Shri Ajit Singh, PL for the State.

Heard.

The petition is for quashment of FIR registered before the Police Station, Moudahapara, Raipur in Crime No. 67/2014.

Learned counsel for the petitioner submits that at the time of incident, it was covered under CCTV footage, which shows that no offence has been committed. Annexure A/4 is document dated 07/08/2015 wherein the Police has informed to the petitioner/applicant that according to the CCTV footage the altercation took place which prove the innocence of petitioner.

The communication letter 07/08/2015 (Annexure A/4) is enclosed, which is addressed to the petitioner/applicant. In the second para of such communication, the Police has informed that dispute arose in between petitioner and the complainant Lalita Das, therefore, their presence cannot

be denied and further it shows that the CCTV footage shows that there is an altercation between the parties wherein abuse and threat to the life is not clearly audible and only on the CCTV footage, the petitioner cannot be exonerated.

The matter is under investigation and reading the documents Annexure A/4 dated 07/08/2015 would show that at the time of altercation, the petitioner and complainant were present and the matter is still under investigation, therefore, I am not inclined to invoke the extraordinary power to interfere in such investigation to install the same. The petition has no merit and it is accordingly dismissed.

Sd/- (Goutam Bhaduri) Judge Kamde