Madan Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 13805 MP

                                                               1
                           IN    THE        HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 23 rd OF AUGUST, 2023
                                              WRIT PETITION No. 21100 of 2022

                          BETWEEN:-
                          1.    MADAN MISHRA S/O SHRI BADRI PRASAD
                                MISHRA, AGED ABOUT 52 YEARS, OCCUPATION:
                                PRIVATE SERVICE WARD NO.2 BANDA POLICE
                                STATION BANDA DISTRICT SAGAR (MADHYA
                                PRADESH)

                          2.    SUNIL MISHRA S/O SHRI BADRI PRASAD
                                MISHRA, AGED ABOUT 48 YEARS, OCCUPATION:
                                ADVOCATE R/O WARD NO. 2 BANDA POLICE
                                STATION BANDA DISTRICT SAGAR (MADHYA
                                PRADESH)

                                                                                          .....PETITIONERS
                          (BY SHRI HIMANSHU SONI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE SECRETARY DEPARTMENT OF HOME AND
                                INTERNAL AFFAIRS VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    SUPERINTENDENT OF POLICE SAGAR DISTRICT
                                SAGAR (MADHYA PRADESH)

                          3.    SHO POLICE STATION BANDA DISTRICT SAGAR
                                (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                                ORDER

This writ petition is filed seeking following relief : Signature Not Verified Signed by: TULSA SINGH Signing time: 8/24/2023 5:22:50 PM

(i) That, this Hon'ble Court be kind enough to call for the entire records pertaining to registration of first information report, vide Crime No.644/2019 registered at Police Station Banda, District Sagar (MP) against the petitioners.

(ii) That, this Hon'ble Court be kind enough to direct the respondents to produce the records with regard to investigation, presently conducted on behalf of the respondents so to ascertain the necessity of investigation in a fair and proper manner to unveil the truth.

(iii) That, this Hon'ble Court be kind enough to quash the

F.I.R. registered against the petitioners and investigation thereto, in the interest of justice.

(iv) That, this Hon'ble Court be kind enough to grant such other relief/reliefs to the petitioner as deemed just and proper in the facts and circumstances of the case.

2. The main relief is of quashing of FIR registered against the petitioner registering case Crime No.644/2019 for the offence under Section 376, 498-A, 506 of IPC at Police Station Banda, Distt. Sagar.

3. Shri Shrivastava, learned Panel Lawyer, submits that prosecutrix, in her statement under Section 164 of Cr.P.C., gave statement against the petitioners.

4. In terms of the statement given by prosecutrix under Section 164 of Cr.P.C. as has been recorded before the Magistrate, no prima facie case for showing indulgence is made out in light of judgment of Hon'ble Supreme Court in the case of State of Haryana & Ors. Vs. Ch. Bhajanlal & ors. [AIR Signature Not Verified Signed by: TULSA SINGH Signing time: 8/24/2023 5:22:50 PM

1992 SC 604] and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others, 2021 SCC OnLine SC 315, for quashing of FIR.

5. Accordingly, this writ petition fails and is hereby dismissed.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified Signed by: TULSA SINGH Signing time: 8/24/2023 5:22:50 PM