CHHABIRAM TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Section 482 of Cr.P.C. has been preferred by the petitioners for quashment of FIR lodged against them vide Crime No.149/2012, registered at Police Station Matabasaiya, District Morena, for alleged offence under Sections 294, 323, 506-B, 342, 336 and 34 of IPC readwith Section 3(1) (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) It is the submission of learned Senior Counsel for the petitioners that an FIR was lodged by the complainant Narendra Jatav on 02.11.2012 with the allegation that on 01.11.2012 around at 4:30 pm, daughter of petitioner No.1 (who is Sarpanch of the Village) while driving motorcycle dashed and accident took place in which Lalli, who is daughter of complainant, got injured. Therefor, complainant alongwith other persons reached the house of petitioners and told them about the accident and act of daughter of petitioner No.1, but in return, complainant received verbal abuse and manhandling (Marpeet). Therefore, complaint has been made and FIR has been registered against petitioners. The said FIR has been put to challenge by the petitioners.

(3.) It is submitted by the learned Senior Counsel for the petitioners that FIR has wrongly been lodged against them. No prima facie case is made out against the petitioners on the basis of contents of FIR. Police malafide proceeded against the petitioners on a false complaint. No ingredients of provisions of Atrocities Act are found in the FIR. The fundamental rights of the petitioners are affected. Therefore, this case has been registered.