ORDER

1. The present petition under Section 482 of Cr.P.C. is preferred at the instance of petitioners/accused for quashment of the FIR registered at crime No.230/2020 for the offences punishable under Sections 294, 323, 506, 34 of IPC.

2. Precisely stated facts of the case are that the complainant/respondent No.2 lodged a report in the concerned police station alleging that on 20-

06-2020 at about 5:00 pm when he along with his uncle Himmat Singh (respondent No.3) were ploughing their field at that time, petitioners came there and asked them to stop ploughing, stating it to be of Government land and they are encroachers over this land and as soon as complainant said that this land belongs to him, all the accused persons started assaulting him and his uncle by plastic pipes due to which they received injuries.

3. Learned counsel for the petitioners submits that petitioners are forest guard and the present FIR is counter-blast to the FIR registered at crime No.229/2020 under Sections 294, 323, 506, 353, 34 of IPC on the complaint of present petitioners against respondents No.2 and 3, therefore, in order to get rid of the said FIR registered against them, they got the present FIR registered against the present petitioners. It is further submitted that on the information received by the higher authorities of forest range in relation to encroachment over the forest land by ploughing it, petitioners being forest guards were directed to stop the said activities and petitioners obeying the said directions reached Karmedi beat No.265-A where the complainant/respondents No.2 and 3 were ploughing the field by tractor and when they were tried to stop, they got annoyed, started showering filthy abuses and assaulted the petitioners.

4. Leaned counsel for the petitioners submits that petitioners are Government servant and they are duty bound to obey the instructions of their senior officers and they did so. At the relevant point of time, petitioners being public servant were discharging their duties, therefore, they cannot be fastened with the liability ignoring the umbrella given to them as public servant under Section 197 of Cr.P.C. Learned counsel for the petitioner relied upon the judgment of State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 to bring home the analogy that protection under Section 197 of Cr.P.C. is available. Thus, prayed for quashment of FIR registered against them.

5. On the other hand, learned counsel for the respondent/State and counsel for the complainant opposed the submission made by the petitioners' counsel and submitted that truth may only come after conclusion of trial and petitioners have to prove their innocence before the trial Court. Thus, prayed for dismissal of this petition.

6. Heard learned counsel for the parties at length and perused the documents appended thereto.

7. It is a case where petitioners were posted as Forest Guards, Karmedi Beat No.PF266A, Shamshabad District Vidisha at the relevant point of time. On the information received, higher authorities of Forest Department directed them to visit the spot where allegedly forest land was being encroached and ploughed by the encroachers for the ulterior motive of agriculture operations. In execution of order of superior authorities they reached the spot where ploughing was going on, they intercepted the activities of tractor etc. on which FIR was registered against them for alleged offence as referred above.

8. It is to be noted that petitioners were performing their duties as public functionaries and from the charge-sheet it appears that no sanction has been taken by the police/prosecution to proceed against them under Section 197 of Cr.P.C., therefore, proceedings pending against the petitioners suffer from vice of lack of permission under Section 197 of Cr.P.C.

9. The Hon'ble Apex Court in the case of Matajog Dobey Vs. H.C.