NAVIN TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Petition has been filed under Sec. 482 of Cr.P.C. for quashing FIR No.72/2023, dtd. 16/1/2023 registered against the Petitioner at PS Civil Lines, District Bilaspur for the offence under Ss. 283, 143 and 341 IPC.

(2.) Case of the prosecution is that through social media, the police got acquainted that the Petitioner along with other persons, assembled at National Highway-130, parked their vehicles on the road in an irregular manner and were dancing and thereby caused obstruction on the way. Based on the video clip, the higher officials instructed the concerned SHO to take action against them, therefore, the offence as aforesaid has been registered against the Petitioners.

(3.) Shri Soni, learned Counsel for the Petitioner submits that mere reading of the FIR reflects that no offence has been made out against the Petitioners and the averments made therein are not sufficient to even constitute the offence of wrongful restraint as no person on the road has been obstructed. He placed reliance on NS Madhanagopal and Anr vs. K Lalita decided on 10/10/2022 in S.L.P(Crl.) No.6039/2022 and further submits that a criminal proceeding has maliciously been instituted with an ulterior motive for wreaking vengeance on the accused, therefore, prays that the impugned FIR may be quashed.