UDAY SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing the FIR registered at Crime No.11/10, Police Station Amayan, Bhind, District Bhind for the offence punishable under Sections 353, 332, 341, 506-B, 323, 336, 143, 427, 171 (Ga), (Gha) of IPC and Section 14 (Gha) of Panchayat Nirwachan Adhiniyam.

(2.) The brief facts of the case are that complainant Tahsildar Singh who was discharging his duty as Presiding Officer, has lodged a report that on 21.01.2010 when Panchayat Election was going on agent Devendra informed him that some persons are planning to caste forged voting. At 3:15 P.M when the complainant was closing the ballot boxes petitioner alongwith some other persons came there and started affixing stamp on the voter slips of Sarpanch. In the mean time ASI Girish Kumar Gaud alongwith police force came there and on seeing the force, all the accused persons fled away. The complainant has narrated the incident to the ASI Gaud. Thereafter complainant alongwith the police force brought the ballot boxes safely upto Pura, but petitioner alongwith other co-accused persons encircled the complainant and police force and started pelting stones. As a result of which ASI Gaud has sustained injury on his left leg. The glass of the vehicle has also got broken. On the basis of this 1 MCRC.No.3771/2010report crime No.11/10, under Sections 353, 332, 341, 506-B, 323, 336, 143, 427, 171 (Ga), (Gha) of IPC and Section 14 (Gha) of Panchayat Nirwachan Adhiniyam has been registered. Being aggrieved the petitioner has preferred this petition.

(3.) It is submitted by the learned counsel for the petitioner that the FIR lodged against the petitioner is false. Petitioner is an innocent and law abiding citizen. Petitioner is in government service and is serving in 14th Bn. M.P.S.A.F. At the time of incident he was discharging his duty. The complainant, Tahsildar Singh who was Presiding Officer at the time of incident was not knowing to the accused persons and on the information given by agent Devendra he named the accused persons in the FIR.