PRAFULLA KUMAR JAISWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.P.C has been filed for quashment of the FIR No.111/2015 dtd. 8/5/2015 registered at Police Station Unchehara, District Satna and Criminal Case No.400/2015 (State of M.P. Vs. Prafulla Kumar Jaiswal) arising out of the said FIR for commission of offence under Sec. 294 and 506 of IPC.

(2.) The factual matrix of the prosecution case, in short is that one Kailash Tamrakar and Roop Kumar Harbol submitted a joint application in writing before the Police alleging that they are the Journalists of Patrika Newspaper and Madhya Pradesh Jan Sandesh Newspaper. It was alleged that they conceding the request made by Amar Singh Yadav, Mohd. Ibran and Neeru Tiwari had gone to village Bihta for the coverage of a matter. At the time of coverage of the matter when they were having discussion with Amar Singh Yadav and his wife, Power Grid's employee Prafulla Jaiswal on the basis of instigation by an employee named Subhash Chandra came and abused them. They also threatened to damage the camera. They were attempting to manhandle them. They were rescued by the villagers and farmers and due to them only they could leave the village safely.

(3.) On the basis of aforementioned written complaint filed on 9/4/2015, after one month, i.e. on 8/5/2015, an FIR was registered for offences punishable under Sec. 294 and 506- Part-II of IPC. After completion of investigation, charge sheet was filed for commission of offence under Sec. 294 and 506 of IPC before JMFC Unchehara.