HANSRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 of CrPC/528 of BNSS for quashment of FIR bearing Crime No.193/2024, dtd. 13/10/2024 registered at P.S. Narayangarh, District Mandsaur, for offence u/s 296, 115(2), 351(3), 3(5), 117(2) of the BNS, 2023.

(2.) Prosecution story in nutshell is that on 28/9/2024, at about 01:19 pm, the complainant alongwith Sourabh and Pawan appeared in police station and reported that on the same day they have gone to talk with petitioner as to why he is talking against them on the issue of election. Thereafter, the petitioner has used filthy language and in the meantime another person Jitendra came and both have beaten the injured persons and the complainant has received injury on his finger of right hand and he has also received other injury on his body. On the report filed by the complainant, FIR bearing Crime No.193/2024, dtd. 13/10/2024 has been registered at P.S. Narayangarh, District Mandsaur, for offence u/s 296, 115(2), 351(3), 3(5), 117(2) of the BNSS.

(3.) Learned counsel for the petitioner submitted that the complainant has neither beaten the injured persons nor abused them. Actually, it is the complainant party who has assaulted the applicant brutally. The petitioner himself has been made victim of mob lynching and in this regard, the applicant has also lodged FIR against the complainant party bearing crime No. 192/22024 and the present FIR was lodged thereafter for their defence only. Some photographs are also annexed with the file for showing the fact of mob lynching. It is also alleged that the FIR does not constitute cognizable offence and this case is filed only to take revenge. This Court is required to exercise the extra ordinary power predicated under Sec. 528 of BNSS and prays for quashment of FIR bearing Crime No.193/2024. He further placed reliance in the judgment passed by the Hon'ble Apex Court in the case of Rukmini Narvekar Vs. Vijiya Satardekar reported as (2008) 14 SCC and in the case of State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604.