LAXMAN YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following relief:-

(2.) It is submitted by the counsel for the petitioner that within a span of 6 minutes, three FIRs have been registered against him, i.e., Crime No.239/2022, Crime No.240/2022 and Crime No.241/2022. It was deliberately done with a solitary intention to deprive the petitioner to canvass in favour of his wife who was contesting the election for the post of Councilor in Municipal Council, Datia. It is submitted that the FIRs in question have been registered under the pressure of Ruling Party and, therefore, the investigation should be transferred to other Agency.

(3.) Per contra, the petition is vehemently opposed by the counsel for the State. It is submitted that when the house of the petitioner was searched, it was found that huge quantity of contraband, liquor as well as illegal weapon were kept in his house and, accordingly, three FIRs have been registered. Crime No.239/2022 has been registered by Police Station Datia Civil Lines, District Datia for offence under Sec. 34(2) of M.P. Excise Act, Crime No.240/2022 has been registered by Police Station Datia Civil Lines, District Datia for offence under Sec. 25(1) of Arms Act and Crime No.241/2022 has been registered by Police Station Datia Civil Lines, District Datia for offence under Sec. 8/20 of NDPS Act. It is submitted that it is clear from the FIR recorded in Crime No. 241/2022 that it was specifically mentioned that when the house of the petitioner was raided, there was a smell of country made liquor as well as ganja. 500 grams of ganja was seized from the possession of the applicant. Accordingly, Crime No.241/2022 was registered against the petitioner. Similarly, one country made loaded Katta of .315 bore was also seized from the house of the applicant. Since the applicant was not having any license for possessing the same, therefore, Crime No.240/2022 has been registered against the petitioner. Similarly, 7 boxes of country made liquor containing 350 quarters were also seized from the possession of the applicant and, accordingly, Crime No.239/2022 has been registered. Since it was found that the applicant has committed three difference offences under different statutes, therefore, three different FIRs have been registered. Whether the Investigating Agency should have registered a solitary FIR pointing out the commission of aforesaid offences or it was right in registering three different FIR for different offences will not attribute any malafide to the Investigating Officer. The applicant being an accused has no right to get the Investigating Agency changed even otherwise there is no procedural lapse in the matter. Since all the illegal articles, i.e., illicit liquor, ganja and Katta were found in a single raid, therefore, it cannot be said that the petitioner was deliberately framed in three different crimes.