DIPENDRA SHAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) It is submitted by counsel for petitioner that an FIR has been lodged by the complainant on the ground that he is working as Shift Supervisor in Adani Enterprises. On 4/1/2022 the construction of weighing machine was going on. At that time, the local resident Dipendra Shah and Rajkumar came on the spot and insisted that the construction work should be stopped. The other employees of the company also reached on the spot. They tried to convince both these persons that the work of the company is going on and it is not in an illegal manner. Then Dipendra Shah and Rajkumar started abusing them filthily and also started scuffling with the persons, who were working on the site and also extended a threat that in case if they continue with the work, then they would be kill, as a result the work stopped under compulsion. On the next date, i.e. on 5/1/2022 again both the persons namely; Dipendra Shah and Rajkumar abused them and extended a threat. This incident was narrated to the officers of the company and accordingly an FIR was lodged.

(3.) Challenging the FIR, it is submitted by counsel for petitioner that except offence under Sec. 294 of IPC, all other offences are non-cognizable. It is true that police has filed a chargesheet but if offence under Sec. 294 of IPC is not made out, then the police had no authority to lodge the FIR.