Nafees Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7011 MP

                                                          1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 1 st OF MAY, 2023
                                       MISC. CRIMINAL CASE No. 49018 of 2022

                         BETWEEN:-
                         NAFEES KHAN S/O SHRI NIYAZ KHAN, AGED ABOUT 38
                         YEARS, OCCUPATION: LABOUR R/O WARD NO.36, NEAR
                         UNDER BRIDGE, PURANI BASTI, SHAHDOL P.S.
                         KOTWALI DISTRICT SHAHDOL (MADHYA PRADESH)

                                                                                       .....APPLICANT
                         (BY SHRI R.P. YADAV - ADVOCATE )

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION KOTWALI DISTRICT SHAHDOL (MADHYA
                         PRADESH)

                                                                                   .....RESPONDENTS
                         (BY SHRI ASHISH MISHRA - PANEL LAWYER)

                               This application coming on for admission this day, the court passed the
                         following:
                                                           ORDER

This Misc. Criminal Case under Section 482 of the Cr.P.C. has been preferred for quashing the FIR in Crime No.265/2022 dated 07.04.2022 registered at Police Station Kotwali Shahdol, district Shahdol for the offence punishable under Section 8/20 of NDPS Act and Section 25(1)(b), 25/27 of Arms Act.

The factual background giving rise to the present Misc. Criminal case reals that on 06.02.2022, an information was received by police party during patrolling that applicant is keeping huge quantity of contraband (ganja) and Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 5/4/2023 3:58:13 PM

trying to dispose it of. On the basis of this information, immediately a raid was conducted. On search, 20.400 kgs of ganja, Two country made pistol (315 bore), 7 live cartridges (315 bore), one sword, 3 sharp knives and one gupti were recovered from the house of the applicant. The applicant was then arrested and accordingly the FIR was registered.

Learned counsel for the applicant submitted that the applicant has been falsely implicated. The entire story is concocted and baseless as he was picked up from his home on the previous day but the alleged incident is shown to have taken place on 06.02.2022, whereas the suchana panchnama was recorded on 06.03.2022 and the FIR was recorded with a huge delay on

07.04.2022. It is stated that no explanation has been offered by the prosecution as to why the different dates have been mentioned on the seizure memo and regarding the delay in FIR. It is further urged that in the 161 statements of witnesses LAO, different dates have been mentioned, which makes the entire story suspicion as no ganja was seized from the possession of the present applicant nor mandatory provision of NDPS Act was followed, which is a glaring abuse of the process of law and deserved to be quashed.

Per contra, Shri Ashish Mishra, Panel Lawyer appearing for the State has stated that the raid was conducted in the evening of 06.04.2022 and after following the seizure, the applicant was arrested and FIR was registered immediately. As it was after 12.00 a.m.,the date changed, hence the same was mentioned as 07.04.2022. It is further pointed out that there is typographical error in mentioning of the dates in the seizure memo, as in place of 4, 2 got mentioned. It is stated that such mistake was corrected as is also evident from rojnamcha details of 07.04.2022. It is stated that contraband (ganja) was seized from the room of the applicant, hence it cannot be said that he was not in Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 5/4/2023 3:58:13 PM

possession of the same. It is further argued that just because there is asome typographical error in recording the date, the same would not be a ground to quash the proceedings against the applicant.

Learned counsel has placed reliance in the case of Teeja Devi Vs. State of Rajasthan (2014) 15 SCC 221, wherein the Supreme Court has held as under:-

5. It has been rightly submitted by the learned counsel for the appellant that ordinarily power under Section 482 CrPC should not be used to quash an FIR because that amounts to interfering with the statutory power of the police to investigate a cognizable offence in accordance with the provisions of CrPC. As per law settled by a catena of judgments, if the allegations made in the FIR prima facie disclose a cognizable offence, interference with the investigation is not proper and it can be done only in the rarest of rare cases where the court is satisfied that the prosecution is malicious and vexatious.

And also in the case of R. Kalyani Vs. Janak C. Mehta [(2009) 1 SCC 516 wherein the Court laid down the law in the following terms:

"9. Propositions of law which emerge from the said decisions

are:

(1) The High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal proceeding and, in particular, a First Information Report unless the allegations contained therein, even if given face value Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 5/4/2023 3:58:13 PM

and taken to be correct in their entirety, disclosed no cognizable offence.

(2) For the said purpose, the Court, save and except in very exceptional circumstances, would not look to any document relied upon by the defence.

(3) Such a power should be exercised very sparingly. If the allegations made in the FIR disclose commission of an offence, the court shall not go beyond the same and pass an order in favour of the accused to hold absence of any mens rea or actus reus.

(4) If the allegation discloses a civil dispute, the same by itself may not be a ground to hold that the criminal proceedings should not be allowed to continue.

10. It is furthermore well known that no hard and fast rule can be laid down. Each case has to be considered on its own merits. The Court, while exercising its inherent jurisdiction, although would not interfere with a genuine complaint keeping in view the purport and object for which the provisions of Sections 482 and 483 of the Code of Criminal Procedure had been introduced by the Parliament but would not hesitate to exercise its jurisdiction in appropriate cases. One of the paramount duties of the Superior Courts is to see that a person who is apparently innocent is not subjected to persecution and humiliation on the basis of a false and wholly untenable complaint."

Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 5/4/2023 3:58:13 PM

The question as to whether the applicant was picked up from his home a day earlier or not or there is a typographical error in mentioning the dates on the documents of the case diary/charge sheet is a matter which can only be decided after recording of the evidence. The Court at this stage cannot embark upon appreciation of evidence and could not look into the documents produced by the applicant in their defence nor could it conduct a mini trial while deciding an application under Section 482 of Cr.P.C. The documents filed by the applicant show that the matter was listed before the trial Court for arguments on 08.04.2023. Nothing is on record to show as to whether on that date, the charges were framed or not.

In the instant case, taking into consideration, the allegations made in FIR and the documents on record, it cannot be said that prima faice no commission of offence is made out. Under the facts and circumstances, no interference by this Court is required.

This petition is accordingly dismissed.

(NANDITA DUBEY) JUDGE gn

Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 5/4/2023 3:58:13 PM