SHIVRAJ SINGH CHAUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER , who presently happens to be the Chief Minister of Madhya Pradesh, has prayed for quashing of FIR of Bettiah Town P.S. Case No.380/2009 registered under Sections 124A, 153(A), 153(B), 181, 500, 504 IPC.

(2.) MURAD Ali, (O.P.No.2) an Advocate had filed Complaint Case No. 2593 (C)/2009 alleging inter alia that he after reading "Hindustan" News Paper, "Dainik Jagran" News Paper dated 07.11.2009 came to know that Shivraj Singh Chauhan, Chief Minister of Madhya Pradesh made public speech that they will not allow any Bihari to be employed in the factory going to be established at Satna. It has further been averred that by such statement accused, Shivraj Singh Chauhan has contradicted the oath, he has taken on the eve of being elected as Chief Minister as well as has also caused/spread hatred against Biharis in contravention of constitutional mandate. It has also been averred that on the basis of race, religion, birth place, language, he had discriminated against the mandate of Constitution as well as such statement insulted the Biharis in its entirety. It has further been averred that by such insult he has provoked the Biharis causing breach of peace and tranquility as well as to commit an offence.

(3.) IT has been submitted on behalf of petitioner that the aforesaid FIR suffers from mala fide as is evident from plain reading of the same. The same has been filed for gaining cheap popularity as well as wrongful gain. It has further been submitted that the aforesaid statement was never made by the petitioner at any occasion rather it happens to be distorted version which, after coming to the knowledge of petitioner had already controverted and the same has been filed as Annexure -2 series of the supplementary affidavit and the same happens to be November 6th 2009. It has also been submitted that nothing has been brought on record to suggest that any factory has been installed at Satna by the State Government wherein one has been deprived of his employment being a Bihari.