SANAT KALE Vs. STATE OF M.P.

JUDGEMENT

(1.) Present application under Section 482 of the Code of Criminal Procedure Code, 1973 has been filed for seeking quashment of FIR bearing Crime No. 30/2013 dated 08/01/2013 registered at Police-Station-Rajendra Nagar, Indore, wherein the present applicants are alleged to have committed offence punishable under Sections 341, 323, 327 and 506/34 of the IPC. The applicants also sought quashing of consequential proceedings arising in furtherance of the said FIR.

(2.) The facts leading to filing of the present application commenced with a complaint made by the respondent No.6- Prateek Singh Sengar on 08/01/2013 alleging that he was on his way to college and was riding his vehicle bearing registration No. MP-09-CE-8382. Upon reaching Ret Mandi Square, his way was obstructed by two unknown persons, who were riding a motor bike. These two unknown persons, thereafter, demanded money from him. However, the respondent No.6 declined to pay any money to them, which resulted in scuffle, during which the complainant was repeatedly assaulted by stick leading to injuries on his hand and other parts of the body. In the process, the respondent No.6 lost his gold chain. It has also been alleged that the unknown assailants were holding a knife and also intimidated the respondent No.6.

(3.) After the incident, the unknown persons fled the spot, although, the respondent No.6 had sufficient look of them to identify in the event, they were apprehended by the police. Having found prima facie case of commission of cognizable offences, the respondent No.1 proceeded to register an FIR for commission of offence as indicated herein above. It is borne out from the record that during the course of investigation, on the basis of statements of the complainant and other eye witnesses, the respondent No.1 apprehended the present applicants and upon completion of investigation, the charge-sheet was presented before the court of Judicial Magistrate First Class at Indore.