RAJESH PRASAD PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of CrPC seeking quashment of proceedings of Crime No.158/2018 registered against the petitioner at Police Station Amarpatan, District-Satna for the offences punishable under Sections 341 , 147 , 294 , 353 , 332 , 506 , 427 and 336 of the IPC.

(2.) The prosecution story, in short, is that the petitioner is having an agricultural land bearing Khasara no.273 ad-measuring 4.97 acre in a village Madhi. On 30.03.2018, petitioner's standing crop field was caught fire by the sparkles from the friction of two electrical overhead lines on account of heavy storm. Many villagers informed about the incident to the Tahsildar Amarpatan. On receiving information, fire brigade was called on the spot and they were trying to control the fire. At that juncture, fire spread to other fields also and villagers started abusing complainant and the firemen for extinguishing the fire of other villagers' field first inspite of controlling fire of petitioner's filed. Thereafter, when villagers started assaulting the complainant and firemen, then petitioner called the police by dialing 100 to save the complainant from the clutches of the villagers. Due to assault by the villagers and abuse, the complainant lodged a complaint which has resulted into registration of the aforesaid crime no.158/2018 against number of persons including petitioner.

(3.) Learned counsel for the petitioner has submitted that no offence has been committed by the petitioner. It is further submitted that the petitioner himself is a victim in this matter and as the fire has also caught in his agricultural field. The complainant has sworn an affidavit that nothing has been done by the present petitioner, instead he was helping him and called the 100 dial police van at the spot and the villagers have started pelting stones and maarpeet with the complainant and the other police personnel. It is further submitted that if all the material is taken on toto, the possibility of false implication cannot be ruled out. There is no ingredients of Sections 341 , 147 , 294 , 353 , 332 , 506 , 427 and 336 of the IPC against the present petitioner. The petitioner tried for compensation as his crops were ensured, which were burnt in the alleged incident. Under such circumstances, prayer is made to quash the FIR proceedings of crime no.158/2018 lodged against the petitioner.