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    Published On : Wed, Mar 4th, 2020

    HC terms FIR in compensation case as brazen and blatant abuse of process of law

    Magpur: Justice S B Shukre and Justice M J Jamdar of Nagpur Bench of Bombay High Court, during a hearing on a plea for quashing of FIR filed by Ajay Krushna, Ankit Singh and Chittaranjan Mishra, while issuing notices remarked that the FIR lodged by complainant Dhondu Sambhaji Bankar is brazen and blatant abuse of process of law.

    Ajay Krushna, Ankit Singh and Chittaranjan Mishra were the employees of Raipur-Rajnandgaon-Warora Transmission Ltd which was given work of laying of transmission line for the implementation of “Additional System Strengthening Scheme for Chhattisgarh IPPs (Part B). The said project was given approval by Central Government under Sec 68 of Electricity Act.

    It is alleged by complainant in his report that, he is owner of agricultural field in village Uchli bearing Gat No. 190 admeasuring 5 HR. Raipur-Rajnandgaon-Warora Transmission Ltd has erected towers in his agricultural field in the year 2016, 2017 and 2018. It is also alleged that, while laying of transmission line his crops have been damaged and he has to bear loss due to maintenance of towers and transmission lines. It is also alleged that, as per committee constituted for determining compensation, an amount of Rs. 5,68,491/- was to be paid to complainant.

    However, the company has not paid compensation till date. It is alleged that, complainant and other agriculturists had given permission to Raipur-Rajnandgaon-Warora Transmission Ltd for erection of towers and laying of transmission line on the condition of giving compensation but Raipur-Rajnandgaon-Warora Transmission Ltd and its officers have not paid compensation.

    On the basis of above allegations, PSO PS Brahmapuri registered the offence under Sections 406, 420, 34 of IPC vide crime no. 73/2020 dated 4-02-2020.

    It was submitted that, Rs. 2,84,245 has been determined as compensation to be paid to complainant for land acquired for laying of transmission line but he is not ready to accept the same and instead of approaching District Judge, Sec 16 (3) (4) of Telegraph Act for non-payment/enhancement of compensation, complainant lodged instant FIR which is nothing but abuse of process of law.

    On hearing submission, the Division Bench presided over by Justice S B Shukre and Justice MJ Jamdar while issuing notices remarked that, the FIR lodged by complainant is brazen and blatant abuse of process of law. Court restrained PSO PS Brahmapuri from taking coercive steps against applicants and filing chargesheet.

    Adv Mir Nagman Ali appeared for applicants.

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