RAMESH MENDOLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been preferred for quashment of FIR dtd. 14/10/2020 bearing crime no.396/2020 registered at Police Station Sanwer, Distt. Indore against the applicant for the offence punishable under Sec. 188 of Cr.P.C.

(2.) Brief facts of the case are that Sub Divisional Magistrate, Sanwer / Returning Officer, legislative Constituency No.211, Sanwer, Indore vide order dtd. 13/10/2020 granted permission to hold meeting in respect of by-election of Vidhan Sabha, 2020 wherein it was specifically mentioned that in view of Covid-19 Pandemic guidelines not more than 100 people will gather in the meeting. Applicant and coaccused Vijay Vyas being election controller and organizer of the said meeting of BJP candidate Tulsi Silawat violated the conditions of aforesaid order and also order passed under Sec. 144 of Cr.P.C. On their instance, about 300 people gathered and participated in the meeting without following the guidelines issued with regard to Covid-19 pandemic. On the same day, FST In-charge, Sanwer 01, Mahesh Morya made written complaint alongwith CD related to videography of the incident to Returning Officer, Legislative Constituency No.211, Sanwer who vide letter No.440/By-election/20/2020 forwarded the said complaint to SHO, Sanwer, on the basis of which an FIR dtd. 14/10/2020 bearing crime no.396/2020 was registered against the applicant and co-accused for the offence punishable under sec. 188 of IPC. Being aggrieved by registration of FIR, this petition has been filed by the applicant.

(3.) Learned counsel for the applicant submits that as per the provisions of Sec. 195 of Cr.P.C., offence under Sec. 188 of IPC can only be registered on the basis of written complaint to the Court and in the instant case, no such complaint has been filed before the competent Court, therefore, FIR registered against the applicant is liable to be quashed. Learned Counsel has relied the judgments passed by the Apex Court in the cases of C.Muniappan and ors. Vs. State of Tamil Nadu (2010) 9 SCC 567, State of MP vs. Jyotiradiya Sindhiya, 2014(1)JLJ 326, State Vs. Kantilal, 1977 MPLJ Note 1 and Gopikrishnan Vs. State of MP (MCRC No.1854/2020) to bolster his submissions.