Shahjad @ Kanja vs The State Of M.P.
2023 Latest Caselaw 376 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                              ON THE 6 th OF JANUARY, 2023
                                            WRIT PETITION No. 30399 of 2022

                          BETWEEN:-
                          SHAHJAD @ KANJA S/O SHRI MOHD. SALIM, AGED
                          ABOUT    40 YEARS, OCCUPATION: LABOUR R/O
                          BARIYATALE MOTINALA NEAR PANI KI TANKI P.S.
                          HANUMANTAL DISTRICT JABALPUR (M.P.) (MADHYA
                          PRADESH)

                                                                                        .....PETITIONER
                          (BY SHRI SOURABH KUMAR SHARMA - ADVOCATE)

                          AND
                          1.    THE STATE OF M.P. THROUGH THE SECRETARY
                                HOME DEPARTMENT BHOPAL (M.P;)

                          2.    D.G.P. PHQ BHOPAL (M.P.)

                          3.    S.P. POLICE JABALPUR (MADHYA PRADESH)

                          4.    STATION HOUSE OFFICER POLICE STATION
                                HANUMANTAL JABALPUR (MADHYA PRADESH)

                          5.    CHANDRBHAN    SINGH   SUB    INSPECTOR
                                PRESENTLY POSTED AT POLICE STATION
                                HANUMANTAL JABALPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)

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

By the instant petition, the petitioner seeks to quash the FIR registered against him in connection with Crime No.813/2022 at Police Station Hanumantal Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 1/7/2023 1:18:17 PM

mainly on the ground that at the relevant point of time, when FIR was registered, he was already behind the bars in connection with other offence of Crime No.504/2022.

Imprecating the conduct of the police, learned counsel for the petitioner submits that when the petitioner was behind the bars during the relevant time, his implication in another offence is nothing but an abuse of process of law, as elucidated by the Apex Court in re State of Haryana & Others v. Ch.Bhajanlal & Others reported in AIR 1992 SC 604.

In contrast, Shri Kekre, learned Government Advocate opposes the submissions made on behalf of the petitioner and read over the contents of

FIR, according to which, it crystalizes that the petitioner has been made accused on the basis of memorandum of other accused, who confessed that the material for committing the offence had been supplied by the petitioner and on whose instructions, they committed the crime.

Considering the overall facts and circumstances, I am not convinced with the submission made by the counsel for the petitioner that the petitioner cannot be made accused as was legally four-walled at the relevant time inasmuch as it is not a case where bodily presence of petitioner was noted and therefore only on the basis of memorandum of other accused, the petitioner's implication as accused cannot be done.

Indeed, the nature of crime itself nullifies the sole ground taken for quashing the FIR. I see no reason to quash the FIR on the face of nature of crime, where the bodily presence of petitioner was immaterial. The registration of FIR against the petitioner even when behind the bars in connection with other offence, will not bring the case in the ambit of abuse of process of law and thus canon of judgment relied upon will not succour the petitioner in any manner. Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 1/7/2023 1:18:17 PM

The petition being bereft of substance, is hereby dismissed.

(SANJAY DWIVEDI) JUDGE Sudesh

Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 1/7/2023 1:18:17 PM