KHALID MEMON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is an accused against whom offences punishable under Sections 294, 506, 323, 295A read with Section 34 of the IPC and Section 25 of the Arms Act, 1959 have been registered by Police Station Champa under FIR No.428/2019. He seeks to challenge the FIR only confining to the registration of offence punishable under Section 295A of the IPC stating inter alia that accepting the contents of the FIR as it is, no offence under Section 295A of the IPC is made out against him, as there is no whisper or any ingredients in the said FIR, therefore, the FIR to the extent of registration of offence against him under Section 295A of the IPC be quashed.

(2.) Reply has been filed by the State / respondents alleging that offence has been registered and investigation is still in progress and as such it cannot be held that no offence under Section 295A of the IPC is made out against the petitioner.

(3.) Mr. Sumit Singh, learned counsel appearing for the petitioner, would submit that taking the allegations of the FIR as it is, no offence under Section 295A of the IPC is made out against the petitioner. He relied upon the judgments of the Supreme Court in the matters of Ramji Lal Modi v. State of U.P., 1957 AIR(SC) 620 : 1957 Cri LJ 1006 Mahendra Singh Dhoni v. Yerraguntla Shyamsundar and another, 2017 7 SCC 760 and Priya Prakash Varrier and others v. State of Telangana and another, 2019 12 SCC 432 to buttress his submission.