Madhya Pradesh High Court
Amit Dwivedi (Sharma) vs The State Of Madhya Pradesh on 17 April, 2025
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-12693-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MCRC No. 12693 of 2025
(AMIT DWIVEDI (SHARMA) Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 17-04-2025
Shri Manish Tiwari - Advocate with Shri Vinod Tiwari - Advocate for
the petitioner.
Shri L.A.S. Baghel - Government Advocate for the respondent/State.
Shri G.R. Saket - Advocate for the objector/complainant.
The petitioner, by the instant petition filed under Section 528 of the
Bharatiya Nagrik Suraksha Sanhita, 2023, is seeking quashing of FIR dated
27.02.2025 registered vide Crime No.0001/2025 at Police Station- A.J.K.,
Singrauli, for the offence under Section 294 of the Indian Penal Code and
Section 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of
Atrocities) Act.
Learned counsel for the objector yesterday sought time and submitted
that no interim relief should be granted in this case otherwise it will create
unrest.
The submission of learned counsel for the objector was something
unacceptable for this Court because in a petition under Section 528 of BNSS,
when challenging the FIR, its quashing has been claimed, if the Court thinks
fit, can grant interim relief in favour of the petitioner. It is a case in which an
officer and his sub-ordinate are fighting against each other, as such, FIR has
been registered by the sub-ordinate employee, but it is claimed on behalf of
the petitioner that registration of such offence is not maintainable because it
2 MCRC-12693-2025
was only a telephonic discussion between the parties, and as such, the same
does not attract the offence which has been registered against the present
petitioner.
Today also, learned counsel for the objector raises an objection with
regard to maintainability of this petition citing a judgment of Allahabad High
Court reported in 2023 SCC OnLine All 105 parties being Sushil Kumar
Singh Vs. State of U.P. & Another , which was later on referred to the Larger
Bench and the Larger Bench in Neutral Citation No.-2024:AHC:185370-
DB (Bunch matters) has decided contrary to the law laid-down by the Single
Bench of Allahabad High Court. However, that subsequent development has
not been brought to the notice of this Court by learned counsel for the
objector.
Considering the aforesaid, since learned counsel for the objector is still
seeking time to argue the matter, I am of the opinion that it is appropriate to
grant interim relief in favour of the petitioner, therefore, it is directed that
further proceedings in pursuance of FIR dated 27.02.2025 registered vide
Crime No.0001/2025 at Police Station- A.J.K., Singrauli, shall remain stayed
till the next date of hearing.
List this matter in the next week for final hearing.
(SANJAY DWIVEDI)
JUDGE
Prachi
