Allegations must meet specific legal criteria to support criminal charges; vague claims under Sections 294 and 506 of IPC should lead to quashing of FIR and proceedings.

ORDER :

DINESH KUMAR PALIWAL, J.

The present petition under Section 482 of Cr.P.C has been filed for quashment of the FIR No.111/2015 dated 08.05.2015 registered at Police Station Unchehara, District Satna and Criminal Case No.400/2015 ( State of M.P. Vs. Prafulla Kumar Jaiswal ) arising out of the said FIR for commission of offence under Section 294 and 506 of IPC.

2. The factual matrix of the prosecution case, in short is that one Kailash Tamrakar and Roop Kumar Harbol submitted a joint application in writing before the Police alleging that they are the Journalists of Patrika Newspaper and Madhya Pradesh Jan Sandesh Newspaper. It was alleged that they conceding the request made by Amar Singh Yadav, Mohd. Ibran and Neeru Tiwari had gone to village Bihta for the coverage of a matter. At the time of coverage of the matter when they were having discussion with Amar Singh Yadav and his wife, Power Grid’s employee Prafulla Jaiswal on the basis of instigation by an employee named Subhash Chandra came and abused them. They also threatened to damage the camera. They were attempting to manhandle them. They were rescued by the villagers and farmers and due to them only they could leave the village safely.
3. On the basis of aforementioned written complaint filed on 09.04.2015, after one month, i.e. on 08.05.2015, an FIR was registered for offences punishable under Section 294 and 506- Part-II of IPC. After completion of investigation, charge sheet was filed for commission of offence under Section 294 and 506 of IPC before JMFC Unchehara.
4. It is submitted by learned counsel for the petitioner that a false and manufactured complaint was made against the petitioner. In written complaint and FIR, no specific allegations regarding commission of offence under Section 294 and 506 of IPC have been made. The allegations leveled in the FIR are omnibus and general in nature, and even if the entire allegations are taken in its entirety, even then the necessary ingredients for offence under Section 294 and 506 of IPC are clearly missing. It is submitted that applicant is an employee of Power Grid Corporation Limited, which deals with the business of transmission of electricity in India and various other parts of the world. The applicant along with other officers of the corporation were working for completion of the project on war footing basis. They were trying their best to complete their work. The complainant along with others were causing obstructions in the ongoing work of the public importance and were pressurizing the applicant but when they did not succumb to their pressure, a false, fabricated and manufactured complaint was maliciously made.
5. It is contended that learned Judicial Magistrate First Class without examining the allegations made and taking into consideration that necessary ingredients for offences under Section 294 and 506 of IPC are missing, framed charges against him for commission of offence punishable under Section 294 and 506-II of IPC, which is improper. Thus, he has prayed for quashment of the FIR and charge sheet.
6. On the other hand, learned Panel Lawyer for the State has contended that the plea taken by the petitioner relating to his false implication cannot be taken into account at this stage and same can be taken care of by learned trial Court at the appropriate stage. He contended that after investigation, charge sheet has been filed and charges have been framed for commission of offence under Section 294 and 506- II of IPC. It is contended that use of obscene language and derogatory mark were not the part and parcel of the official duty and therefore, trial Court was justified in framing the charges. He submitted that the contents of the FIR are corroborated by the statements of the witnesses recorded during investigation making out the basic ingredients of the offence and there was no illegality in proceeding with the criminal case. Therefore, the pe