IMPORTANT POINT
The court established that public servants are not immune from prosecution for acts outside their official duties, and quashing of FIRs should be approached with caution.

ORDER :

Prem Narayan Singh, J.

This order shall govern the disposal of these miscellaneous criminal cases as they have arisen out of the same crime number of the same police station, hence, they are heard analogously and are being decided by this common order.

2. The applicants have preferred these present petitions under section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR bearing Crime No. 294/2022 registered at Police Station-Simrol District Indore for the offence under sections 323, 294, 506, 342, 34 of the Indian Penal Code, 1860 and sections 3(1)(r), 3(1)(s), 3(2)(v-a), 3(2)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the consequential proceedings.

3. Prosecution story in nutshell is that on 1-7-2022 complainant Ramkanya lodged complaint that a meeting regarding worshiping program of Mataji Temple (Ashadi Pooja) was going on in the village. The Temple is situated near the farm of complainant. At that time dry garbage was being burnt in his farm by his wife due to which a tree also got burnt a little bit. Upon which the accused persons Forest Ranger Ravikant Jain, Nakedar Ramesh Katare, Chandrakant Chouhan and Jagdish Mandloi came and enquired about the incident and when the complainant stated that he did not burn the tree then the accused persons, knowing that the complainant is member of Adiwasi community, hurled abuses by using caste remark “Bhilda” and used filthy language.

4. On being opposed by the complainant they took him to Choral Range Office where ranger Ravikant Jain and Jagdish Mandloi assaulted the complainant with wooden sticks ‘danda’ due to which he sustained injuries on his left eye and right hand. Other accused persons Ramesh Katare, Chandrakant Chouhan assaulted the complainant with kicks and fists due to which he sustained injuries on both the legs and other parts of the body. It is further alleged that the accused persons threatened the complainant with dire consequences if he again burns a tree. The accused persons also took away the tractor bearing registration number MP 10 AB 5355. On the basis of which FIR was registered against the accused persons for the aforesaid offences.

5. Learned counsel for the applicants submitted that on 1-7-2022 Range Forest Officer Ravikant Jain received information from Senior Officials that some encroachers are trying to plough the Reserve Forest Land in the Range Choral Beat Utar Raskundiya, Reserve Forest compartment 113 and 114 Indore damaging the forest trees by girdling and burning them with intention to encroach the reserve forest land. The applicants immediately seized the tractor and cultivator under custody and registered case No. 695/2025 against respondent No. 2. He was taken into custody and he was interrogated who accepted the commission of offence, he was taken to hospital for medical checkup and at that time some unknown persons came, hurled abuses and took away the respondent No. 2 with them without completing the legal formalities.

6. Learned counsel also submitted that Forest Range Officer tried to approach the respondent No. 1 for registration of FIR against the miscreants who along with respondent No. 2 obstructed and precluded the applicants and other public servants to perform their official duty as per law, however, no FIR was being registered against the miscreants by Respondent No. 1. Therefore, it is evident that the instant FIR has been lodged as a counter blast against the offence which has been registered against him under Forest Act for illegal deeds of encroaching the Government Land by the miscreants.

7. Learned counsel also submitted that complainant has also signed on the statement recorded by Forest Department in which he has admitted that he has already encroached the land of forest department and he want to compromise with the department and he is ready to suffer the punishment and fine that may be imposed against him. It is also contended that as per provisions of sec