The court held that an FIR must disclose a cognizable offence for investigation to proceed, and allegations of malafide do not negate the existence of such an offence.

ORDER :

(Gurpal Singh Ahluwalia, J.)

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :-

“(i) The Hon'ble Court may kindly be pleased to issue a Writ, particularly in the nature of Certiorari or other, quashing the FIR No. 08/2022, dt.08/1/22 PS Langhadol (Annexure P/1) and all the consequential proceedings thereof.

(ii) The Hon'ble Court may kindly be pleased to issue the Writ, particularly in the nature of mandamus, directing Respondent No.3 to stay the proceedings initiated against the Petitioner under Section 5 (a) & (b) of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 and issued Show Cause Notice dated 31.07.2021.

(iii) The Hon'ble Court may kindly be pleased to call for the entire records for kind perusal of this Hon'ble Court.

(iv) Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted together with the cost of this Petition.”

2. It is submitted by counsel for petitioner that an FIR has been lodged by the complainant on the ground that he is working as Shift Supervisor in Adani Enterprises. On 4.1.2022 the construction of weighing machine was going on. At that time, the local resident Dipendra Shah and Rajkumar came on the spot and insisted that the construction work should be stopped. The other employees of the company also reached on the spot. They tried to convince both these persons that the work of the company is going on and it is not in an illegal manner. Then Dipendra Shah and Rajkumar started abusing them filthily and also started scuffling with the persons, who were working on the site and also extended a threat that in case if they continue with the work, then they would be kill, as a result the work stopped under compulsion. On the next date, i.e. on 5.1.2022 again both the persons namely; Dipendra Shah and Rajkumar abused them and extended a threat. This incident was narrated to the officers of the company and accordingly an FIR was lodged.

3. Challenging the FIR, it is submitted by counsel for petitioner that except offence under section 294 of IPC, all other offences are non-cognizable. It is true that police has filed a chargesheet but if offence under section 294 of IPC is not made out, then the police had no authority to lodge the FIR.

4. It is further submitted that for quashment of the proceedings, this Court has to go through the attending and surrounding circumstances by reading in between the lines to find out as to whether the prosecution is vexatious or frivolous and if it is found that the complaint is the outcome of a frivolous and vexatious allegations, then the accused must not be made to suffer the prosecution.

5. To buttress his contentions, the counsel for petitioner has relied upon the judgment passed by Supreme Court in the case of Mohd.Wajid and another Vs. State of U.P. and others, decided on 8th August, 2023 in Criminal Appeal No.2340/2023.

6. Per contra, the petition is vehemently opposed by the counsel for State.

7. Heard the learned counsel for the parties.

8. In order to submit that the FIR does not disclose the commission of offence under section 294 of IPC, it is submitted by counsel for petitioner that since the FIR has been challenged, therefore, the statements recorded cannot be considered and in the FIR, except alleging that the complainant and other co-workers were abused filthily neither the words uttered by the accused persons were mentioned nor it was mentioned that the words uttered by the accused persons were to be the annoyance of others.

9. It is further submitted that no offence under section 323 of IPC is made out because the said ocular evidence is not supported by any documentary evidence because the MLC does not disclose the presence of any injury.

10. It is further submitted by counsel for petitioner that the petitioner is the local resident, who is fighting for the fair compensation and rehabilitation and since the blasting is taking place at a distance of approximately