LOKENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred by the petitioners / accused seeking quashment of FIR No.97/2023 registered at Police Station, Piploda, District Ratlam for offences punishable under Ss. 294, 324, 323, 506, 109 and 34 of the IPC and Ss. 3(2) (va), 3(1)(r) and 3(1)(s) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) A preliminary objection has been raised by learned counsel for the respondents / State as regards maintainability of this petition submitting that for seeking reliefs as claimed for by petitioners in this petition a writ petition under Article 226 of the Constitution of India would not be maintainable and only a petition under Sec. 482 of the Cr.P.C. would be maintainable. Reliance has been placed on the decision of this Court in W.P. No.7197/2022 (Lajjaram Jatav and Others Vs. State of M.P. and Others) decided on 16/12/2022, Preeti Gupta and Another Vs. State of Jharkhand and Another, 2010 (7) SCC 667, Geeta Mehrotra and Another Vs. State of Uttar Pradesh and Another, 2012 (10) SCC 741 and K. Subba Rao and Others Vs. State of Telangana and Others, 2018 (14) SCC 452.

(3.) Per contra, learned counsel for the petitioners has submitted that for quashment of FIR as sought for by petitioners a writ petition under Article 226 of the Constitution of India is very much maintainable and it cannot be held that for the same only a petition under Sec. 482 of the Cr.P.C. would be maintainable in view of which the objection as raised by respondents is misconceived. Reliance has been placed on the decisions of the Supreme Court i n Pepsi Foods Ltd. and Another Vs. Special Judicial Magistrate and Others (1998) 5 SCC 749, Kapil Agrawal and Others Vs. Sanjay Sharma and Others (2021) 5 SCC 524, Govind Vs. State (Government of NCT, Delhi) and Others 2003 (68) DRJ 446 (DB), Asmathunnisa Vs. State of A.P. (2011) 11 SCC 259, Nirbhay Singh Rajput Vs. State of M.P. (2010) 1 MPLJ 207, Ramkishan Dhakad and Others Vs. State of M.P. and Others, M.Cr.C. No.2300/2021 decided on 25/2/2021, Khuman Singh Vs. State of M.P., AIR 2019 SC 4030, Hitesh Verma Vs. State of Uttharakhand and Another (2020) 10 SCC 710 and Ajay Pattanaik @ Ajaya Kumar Pattanayak and Another Vs. State of Odisha and Another, CRLMC No.2636/2021 decided on 1/3/2023.