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IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON’BLE SHRI JUSTICE DINESH KUMAR PALIWAL

M.Cr.C.No.19835 of 2017

BETWEEN:-

PRAFULLA KUMAR JAISWAL, AGED

ABOUT 44 YEARS, S/O SHRI RAJENDRA

PRASAD JAISWAL, R/O DUDHI NAGAR,

DISTRICT

SONBHADRA

(UTTAR

PRADESH)

…...APPLICANT

(BY SHRI AJAY KUMAR OJHA – ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH

THROUGH STATION HOUSE OFFICER

POLICE STATION UCHCHERA, DISTRICT

SATNA (MADHYA PRADESH)

2.

KAILASH TAMRAKAR S/O JAMUNA

PRASAD TAMRAKAR, AGED ABOUT 45

YEARS, UCHCHERA, POLICE STATION

UCHCHERA,

D3ISTRICT

SATNA

(MADHYA PRADESH)

...RESPONDENTS

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(BY SHRI S.M. PATEL – PANEL LAWYER FOR RESPONDENT NO.1/

STATE) (NONE FOR RESPONDENT NO.2)

………………………………………………………………………………………………………………………………………

Reserved on : 06.09.2023

Pronounced on : 22.09.2023

………………………………………………………………………………………………………………………………………

This petition having been heard and reserved for order, coming on

for pronouncement this day, the Court pronounced the following:

ORDER

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

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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.

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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