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2019 DIGILAW 431 (MP)

Naveen v. State of M. P.

2019-06-21

VANDANA KASREKAR

body2019
ORDER 1. Being aggrieved by registration of FIR being Crime No. 30/2019 registered by P.S.-Sarangpur, District-Rajgarh under sections 353, 186, 294, 506 of the IPC, the petitioner has come before this Court for quashment of FIR preferring petition under section 482 of CrPC 2. Background facts sans un-necessary details are as follows: a case was registered against the petitioner by the complainant under section 353, 186, 294, 506 of IPC for mistreating the complainant while performing the duties. The Police registered the criminal case, as stated above and after completing investigation, filed the charge-sheet. 3. The petitioner has come before this Court on the ground that petitioner has falsely been implicated in this case, there is no wrong act has been done by the petitioner. Upon information, the petitioner reached to the Hospital for covering the news regarding the death of one pregnant woman and her unborn child was died, due to negligence of Hospital Management. The learned trial Court has erroneously taken cognizance against him. Prima facie no case is made out against him. FIR has been registered with an ulterior motive, therefore, the petitioner cannot be held responsible for the same. 4. Citing judgments of Y. Abrahim and others v. Inspector of Police, Chennai and others [ AIR 2004 SC 4286 ], Kamlabai and others v. State of M.P. and others [2009 (2) MPLJ], (page number missing), (name missing) and others v. N.C.T., Delhi and others [(2007) DMC 805], Rajkumar Khanna v. N.C.T., Delhi [(2002) DMC 200 (D.B.)], Manish Ratan and others v. State of M.P. and others [ 2007 (1) JLJ 198 ], Swapnil Kumar and others v. State of M.P., AIR 2011 Supreme Court Judgment Criminal Appeal No. 1144/2014 in support of their contentions, the petitioner prayed for quashing of the FIR. 5. Learned Government Advocate support the FIR and submits that petition may be dismissed. 6. I have considered the rival contentions of both the parties and have gone through the record. 7. The power under section 482 of CrPC is extra ordinary in nature and it is settled proposition of law that this power has to be exercised sparingly and only in the cases where attaining facts and circumstances satisfy that possibilities of miscarriage of justice will arise in case of non-use of power. 7. The power under section 482 of CrPC is extra ordinary in nature and it is settled proposition of law that this power has to be exercised sparingly and only in the cases where attaining facts and circumstances satisfy that possibilities of miscarriage of justice will arise in case of non-use of power. The Court can interfere in such exceptional cases where it appears that the if not interfered then it would cause great injustice to someone. where the proceedings are capricious and arbitrary or based on no evidence or material at all available on record or the proceedings are based on such evidence or material which is wholly irrelevant or arbitrary. At this stage sifting or weighing of the evidence is neither permitted nor expected and the Court need not enter into meticulous considerations of evidence and materials at that stage. 8. In Krishnanan v. Krishnaveni (1997 AIR SCW 950 : AIR 1997 SC 987 ) it is held that when the High Court on examination of the record finds that there is grave miscarriage of justice or abuse of process of the Courts or the required statutory procedure has not been complied with or there is failure of justice or order passed or sentence imposed by the Magistrate requires correction, it is the duty of the High Court to have it corrected at the inception lest grave miscarriage of justice would ensue. It is, therefore, to meet the ends of justice or to prevent abuse of the process that the High Court is preserved with inherent power and would be justified, under such circumstances, to exercise the inherent power but it may be exercised sparingly so as to avoid needless multiplicity of procedure, unnecessary delay in trial and protraction of proceedings. 9. In Bhajan Lal's case (State of Haryana v. Ch. Bhajan Lal and others [ AIR 1992 SC 604 )], Hon'ble the Supreme Court has prepared a guideline in this regard. Para 108 of the judgment reads thus : 108. 9. In Bhajan Lal's case (State of Haryana v. Ch. Bhajan Lal and others [ AIR 1992 SC 604 )], Hon'ble the Supreme Court has prepared a guideline in this regard. Para 108 of the judgment reads thus : 108. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. 2. Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under section 156 (1) of the Code except under an order of a Magistrate within the purview of section 155(2) of the Code. 3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. 4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under section 155(2) of the Code. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 6. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/ or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/ or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. 10. In a recent judgment of State of Rajasthan v. Fatehkaran Mehdu [(2017) 2 SCC (Cri.) 40], the Hon'ble Supreme Court speaks about the use of power for quashing criminal proceedings and it is directed by Hon'ble the Supreme Court that such powers should be exercised very sparingly. 11. In light of aforesaid submissions made by learned counsel for the parties and considering the judgment of Hon'ble Supreme Court, this Court deems it proper/appropriate to allow the present petition. Consequently, petition stands allowed and FIR being Crime No. 30/2019 registered by P.S.- Sarangpur, District-Rajgarh under sections 353, 186, 294, 506 of the IPC against the present petitioner is quashed. Accordingly, petition stands disposed of. ...............