ABHAY Vs. STATE OF MADHYA PRADESH AND ANOTHER

JUDGEMENT

(1.) Applicant has filed this petition under Section 482 of Cr.P.C., being aggrieved by the criminal case No.1915/2018, pending before the Court of Chief Judicial Magistrate Narsinghpur for the offence punishable under Sections 188 and 504 of IPC arising out of a Crime No.545/2018 registered at Police Station Kotwali Narsinghpur and pray for quashment of the criminal proceedings initiated against him.

(2.) Facts giving rise to this petition, in short, are that District Magistrate/Collector of the District Narsighpur issued a prohibitory order under Section 144 of the Cr.P.C., on the basis of application filed by the police Department that some persons are using electronic media and send the message to each other and disturbing the peace and communal harmony and instigating the persons for creating violence. During the enforcement order of prohibition, the applicant who is Press Reporter send a message on What's App to the Collector and using some derogatory language. Additional Collector got print out that electronic message and filed a report before the Police Station Kotwali, Narsinghpur whereby, Crime No.545/2018 has been registered at Police Station Kotwali Narsinghpur. The whole investigation was conducted, the statements of additional collector and other persons were recorded by the Investigating Officer and prima facie found that applicant has committed the offence under Section 188 of IPC.

(3.) On behalf of the Collector, Additional Collector Narsinghpur filed a written complaint to the Court of CJM, Narsinghpur for the offence punishable under Section 188 of IPC read with Section 195 of Cr.P.C., for taking the cognizance and attached the list of witnesses and filed the whole documents collected during investigation. Aong with other persons, applicant was also implicated as an accused in the complaint filed by the Additional Collector Narsinghpur before the Court of CJM Narsinghpur. On the basis of this complainant, Criminal Case No.1915/2018 was registered by the Court of CJM Narsinghpur against the applicant along with other three accused.