SITARAM YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this common order, W.P. No.22734/2023 shall also be disposed of. For the sake of convenience, facts of W.P. No.21097/2023 shall be taken into consideration.

(2.) This writ petition under Article 226 of Constitution of India has been filed for quashment of FIR in Crime No.571/2023 registered at Police Station Prithvipur, District Niwari for offence under Ss. 306, 294, 506, 34 of IPC.

(3.) It is the case of petitioner that he is working as Rural Agriculture Extension Officer. On 16/3/2023 at about 9.30 P.M., the brother of petitioner, namely; Ajay Pratap Yadav with his nephew Ankit Yadav was returning back to his village. They were waylaid by Badam Yadav, Shivam Yadav, Vipin Yadav and Anand Yadav and assaulted him by sharp edged dangerous weapon Farsa and Lohangi. Ajay Pratap Yadav sustained incised wound on his forehead. His brother Ajay Pratap Yadav was immediately referred to the Hospital and FIR in Crime No.171/2023 was registered at Police Station Prithvipur, District Niwari for offence under Ss. 324, 323, 294, 506, 34 of IPC. It is submitted by counsel for petitioner that thereafter, offence under Sec. 307 of IPC was also added. Since, the accused persons of crime No.171/2023 i.e. Shivam Yadav, Badam Yadav, Vipin Yadav and Anand Yadav were absconding, therefore, the SHO, Police Station Prithvipur sought an information about the property details from Tahsildar for declaring them as proclaimed absconder under Ss. 82, 83 of Cr.P.C. Co-accused Vipin Yadav and Anand Yadav filed an application for anticipatory bail before the Sessions Court, which was rejected by the Second Additional Sessions Judge, Niwari by order dtd. 13/5/2023. The Second Additional Sessions Judge, Niwari also rejected the bail application of Badam Singh Yadav. Thereafter, brother of the petitioner, namely; Ajay Pratap Yadav filed W.P.No.13940/2023 alleging that although he was badly assaulted by accused persons even then the accused persons of Crime No.171/2023 are threatening him to take his life because one of his relative is posted in the same Police Station. It was also alleged that on 20/3/2023, the accused persons came and threatened the brother of the petitioner to enter into a compromise and, accordingly, a complaint was also made the S.P. and D.G.P. It was also specifically alleged by his brother in W.P. No.13940/2023 that Police Station Simra and Police Station Prithvipur are hand in gloves with the accused of Crime No.171/2023 and Harsh Yadav, who is related to the accused persons and is posted in Police Station Prithvipur is hampering the investigation of Crime No.171/2023. Accordingly, Police protection was also prayed by brother of the petitioner in W.P. No.13940/2023. On 27/6/2023, a Coordinate Bench of this Court disposed of the petition with a direction to the Superintendent of Police, Niwari to enquire into the matter and direct his subordinate Police Authorities to take appropriate action against the accused persons, if any non-bailable offence is registered against them. The State Counsel was also directed to send a copy of the order to the Superintendent of Police, Niwari for information and compliance. The SHO, Police Station Prithvipur filed his status report before JMFC regarding investigation in Crime No.171/2023 and informed that accused Shivam Yadav, Vipin Yadav and Anand Yadav are absconding from the date of incident. Later on, co-accused Shivam Yadav, who was the main accused in Crime No.171/2023 was found dead on 31/7/2023 on account of electrocution as he came in contact with live electricity lines of high voltage in the agricultural field. A news to that effect was also published in Dainik Bhaskar Newspaper. Accordingly, a representation was submitted by the wife of the petitioner on 8/8/2023 to the Superintendent of Police, Niwari that since Investigating Officer Tinkal Yadav and accused of Crime No.171/2023 are related to each other, therefore, they are planning to falsely implicate the petitioner and his family members to harass and create pressure to compromise in Crime No.171/2023 registered for offence under Ss. 307, 341, 324, 323, 394, 506, 34 of IPC. However, the apprehension of wife of the petitioner came true and S.I. Tinkal Yadav, Police Station Prithvipur lodged the impugned FIR No.571/2023 on the allegation that deceased Shivam Yadav committed suicide on account of abetment by the petitioner and other co-accused persons and accordingly, offence under Ss. 306, 294, 506, 34 of IPC has been registered.