VIKRAM SINGH BAIS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants/accused have preferred this petition under Section 482 of the Cr.P.C. for quashment of FIR bearing Crime No. 600/2017 registered at Police-Station-Kotwali, District-Dhar for the offence punishable under Sections 294, 323,427 and 506/34 of the IPC.

(2.) Brief facts of the case are that on 18/11/2017, at about 8:30 p.m., one JCB bearing registration No. MP-09-GA-5047 driving rashly and negligently came towards the house of applicant No.1-Vikram Singh hit the motorcycle and scooter parked outside the house and ran away from the spot. Thereafter, JCB driver Sawan Khode, who was in heavy drunken condition, caught hold by the applicant No.1-Vikram Singh and other persons and he was taken away to the Police- Station-Kotwali, where FIR bearing crime No. 578/2017 has been lodged against the JCB driver for offence under Section 279 and 427 of the IPC. After completion of the investigation, charge-sheet was filed on 20/11/2017.

(3.) On 01/12/2017, the driver of the JCB-Sawan Khode made a complaint against the applicants alleging that on 18/11/2017 the applicants under the influence of intoxication abused and assaulted him by kicks and fists, due to which he sustained injuries on his right ear, waist and left leg. Applicants tried to got fire to JCB machine, when police vehicle dial-100 came there then they also scuffled and abused with the police personnel. On that basis FIR bearing Crime No. 600/2017 was registered at Police-Station-Kotwali, District-Dhar for the offence punishable under Sections 294, 323,427 and 506/34 of the IPC against the applicants. Being aggrieved with the aforesaid order, the applicants have preferred this petition under Section 482 of the Cr.P.C., before this Court.