ORDER

This petition has been filed under Section 482 of the Cr.P.C. seeking quashment of the FIR registered at Crime No.524 of 2014 for offences punishable under Sections 147, 148, 149, 294, 323, 324, 325, 326, 307, 427, 448 and 506 of the IPC.

It is the case of the petitioner that respondent No.1 has registered an FIR at Crime No.524 of 2014 for the aforesaid offences at Police Station Waidhan, District Singrauli (M.P.). On 08.10.2014. Petitioner and 13 others who have submitted the written report on 30.05.2014 alleging that a labour of Reliance Power Plant died by falling from the pole as a result of which, more than 1000 person collected on the spot and they started stone pelting resulting into injuries to the employees of Reliance Company. The police authorities have taken up the investigation and submitted the report. The petitioner was shown to be absconding. The proceedings in Sessions Trial No.2678 of 2014 was pending before the learned ASJ, Waidhan District Singrauli (M.P.) and they were continued. It is the case of the petitioner that the respondent No.1 is in collusion with the petitioner registered the offence without even considering the material aspect of the matter and concealing certain material facts in the case and without proper investigation has filed the charge sheet in the matter against the petitioner and others. Since respondent No.1 got registered an FIR on 08.10.2014 on the report of respondent No.2 the criminal action was taken against the petitioner.

The petitioner challenging the FIR and registration of the criminal case on the ground that the petitioner was serving in the company GRTC and was on duty on the relevant date and he was not present at the place of the incident. The authorities has not taken note of the aforesaid aspect of the matter and registered the FIR. He has produced the letters regarding his working and the attendance sheet to show the aforesaid. He was granted anticipatory bail by this court vide order dated 02.03.2022. He has not disobeyed the conditions of the anticipatory bail. As he has taken a specific ground of alibi in the matter therefore, registration of a criminal case without proper investigation is per se illegal therefore, prays for quashment of the criminal proceedings.

Per contra, counsel appearing for the State has vehemently opposed the contentions stating that there are sufficient material available on record to show the involvement of the petitioner in the incident. Alibi's are proved to be a weaker type of evidence and the entire burden is upon the petitioner to establish that he was not present at the place of incident. These are the matters of trial that cannot be looked into in the petition under Section 482 of the Cr.P.C.

seeking quashment of the FIR therefore, he has prayed for dismissal of the petition.

Heard the learned counsels for the parties and perused the record.

The law with respect to quashment of an FIR is settled by Hon'ble Supreme Court in the case of the Hon'ble Supreme Court in the case of State of Haryana Vs. Bhajanlal reported in 1992 Suppl. SCC 335 and in the case of Niharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in 2021 SCC OnLine 315. The petitioner has taken a ground of elibi which is a weak type of evidence and the entire burden shifts upon the petitioner to establish the evidence that he was not present at the place of commission of offence, the same cannot be looked into at this stage. The authorities have collected ample material against the petitioner and his involvement in the commission of offence is prima facie visible. Under these circumstances, the case of the petitioner does not fall under any of the categories as carved out by the Hon'ble Supreme Court in the cases of Bhajanlal (supra) and Niharika Infrastructure Pvt. Ltd. (supra).

Under these circumstances, no interference is called for. The petition sans merit and is accordingly dismissed . No order is to costs.

Pending interlocutory ap