ABHISHEK PANDEY Vs. STATE OF M.P.

JUDGEMENT

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

(2.) The photocopy of case diary of Crime No.178/2024, registered at Police Station Bhedaghat, District Jabalpur and Crime No.183/2024, registered at Police Station Lordganj, District Jabalpur are available.

(3.) It is submitted by the petitioner that being a student leader, he went to British School, Kudan. However, the Principal of British School lodged an FIR alleging that the petitioner as well as Aryan Tiwari and his friends forcibly entered inside the school and started alleging that why the school is functioning and accordingly they started abusing the staff in the name of mother and sister. When the Principal of the school objected to it, then the petitioner and his friend Aryan as well as their colleagues started damaging chair, tables, monitor etc. and accordingly caused damages to the school property and also threatened that in case if they come out, then they would be killed. Accordingly, on the said complaint, FIR No.178/2024 has been registered in Police Station, Bhedaghat, District Jabalpur. Similarly, FIR No.183/2024 has been registered at Police Station Lordganj, District Jabalpur on the report of the police officers on the allegations that the petitioner and Aryan Betia were wanted in Crime No.178/2024 and accordingly, they went to the house of the petitioner at 6:00 a.m. and informed him that he is required in a non-bailable offence registered in Crime No.178/2024, then the petitioner started abusing the police party and challenged that he would not open the gate of the house and the police party must leave the place and also alleged that why the police has come to his house. He was informed by the police party that a non-bailable offence has been registered against him and in case if the petitioner does not cooperate with the investigation then they will be required to arrest him and also insisted that he should open the gate of the house. The accused refused to open the gate of the house and challenged that complainant may do whatever he wants. The entire incident was videographed by a Constable No.1977 Ritik. Accordingly, CSP, Bargi was informed about the incident. Under an apprehension that the petitioner may abscond, the police party entered inside the house of the petitioner through the house of his neighbourers and again asked the petitioner to accompany them, then he started abusing the police party by using filthy language in the name of their mother and sister and also started scuffling with them and also abused as to why they have come and accordingly he tried to run away. The police party tried to arrest him and accordingly, the petitioner, his uncle and aunty not only abused the Sub-Inspector Prashant Maneshwar, Constable Hari Singh Rajput, Constable Harish Daheriya, Head Constable Ram Prakash Gurjar in the name of mother and sister and also assaulted them by fists and blows. In the meanwhile, one ASI, posted in Police Station, Lordganj also reached on the spot. When the petitioner was tried to be arrested, then he continued to abuse them filthily and also had a scuffle with the complainant and with great difficulty the petitioner was arrested.