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2020 Supreme(MP) 1181

VIRENDER SINGH
Gopal Bhargava – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant : Siddharth Sharma
For the Respondents: Amol Shrivastava
For the Objector : Vibhor Khandelwal

JUDGMENT :

Virender Singh, J.

1. This is a petition under Section 482 Cr.P.C. for quashing FIR No. 909/2019 registered at Police Station-Jhabua u/S. 153-B(1), 505(2) and 188 IPC and Section 123(1)(2) and 125 of the Representation of the People Act.

2. Whether the police can register FIR (u/s. 188 IPC), investigate the case and file the charge-sheet in respect of violation of order duly promulgated by any public authority, is the primary issue involved in this petition; which is squarely covered by and has been set at rest in the judgment of the Hon'ble Supreme Court rendered in C. Muniyappan case (C. Muniyappan and others vs. State of Tamilnadu, (2010) 9 SCC 567) and followed by the Division Bench of this Court in the case of Jyotiraditya Scindia (State of Madhya Pradesh and another vs. Jyotiraditya Scindia 2014 SCC Online MP 1694). The relevant paras of the judgment delivered in Jyotiraditya Scindia case (supra) read as under:-

    "4. Before the writ Court it was argued on behalf of the respondent/petitioner that for taking cognizance under Section 188 of IPC a compliant has be made to the Court directly having jurisdiction in the matter in respect of offence committed under Section 188

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