LAWS(MPH)-2020-8-385

GEORGE MANGALAPILLY Vs. STATE OF M.P.

Decided On August 27, 2020
George Mangalapilly Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed by the applicant for quashing the criminal proceeding of case No. 161/2019 (RCT No. 704/2019) pending before the Court of JMFC, Satna arising out of Crime No. 582/2017 registered at Police Station- Civil Line District-Satna for the offence punishable under Section 153-B(1) and 295-A of IPC as well as Section 3/4 of the M.P. Dharma Swatantrya Adhiniyam, 1968 (hereinafter referred as 'Adhiniyam, 1968')

(2.) According to case, on the basis of complaint filed by Dharmendra Dohar, the police has registered the FIR stating that some preachers of Christian community were alluring and inspiring the complainant by providing money to cause him to convert into their religion. Resultantly, he and one Nagendra Chaudhary have converted themselves into their religion. The complainant further stated that they were five people present at the spot at the time of conversion and the applicant was one of them. The police has seized some cross sign and book of the Bible from the possession of complainant.

(3.) Learned counsel for the applicant submits that the proceeding pending before the JMFC, Satna is abuse of the process of law and deserves to be quashed on the ground that evidences stated in the charge-sheet and the statements recorded under Section 164 Cr.P.C are not supporting the story of the prosecution and thus, no prima facie case is made out against the applicant. He also submits that the complainant and Nagendra Choudhry did not make any single allegation in his statement recorded under Section 164 Cr.P.C. The other witnesses have also not alleged anything against the applicant.