LAWS(MPH)-2020-11-71

GOPAL BHARGAVA Vs. STATE OF M.P.

Decided On November 02, 2020
Gopal Bhargava Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing FIR No. 909/2019 registered at Police Station-Jhabua u/S 153-B(1), 505(2) and 188 IPC and Section 123(1)(2) and 125 of the Representation of the People Act.

(2.) Whether the police can register FIR (u/s 188 IPC), investigate the case and file the charge-sheet in respect of violation of order duly promulgated by any public authority, is the primary issue involved in this petition; which is squarely covered by and has been set at rest in the judgement of the Hon"?ble Supreme Court rendered in C. Muniyappan case (C. Muniyappan and others vs State of Tamilnadu (2010) 9 SCC 567) and followed by the Division Bench of this Court in the case of Jyotiraditya Scindia (State of Madhya Pradesh and another vs Jyotiraditya Scindia 2014 SCC Online MP 1694). The relevant paras of the judgement delivered in Jyotiraditya Scindia case (supra) read as under:-

(3.) In this regard we can also usefully refer order dated 28/11/2014 passed in Ashok Agrawal vs. State of M.P. MCRC No. 5306/2014 (Indore Bench).