RAJESH SHAKYA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-3-74
HIGH COURT OF MADHYA PRADESH
Decided on March 24,2021

Rajesh Shakya Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

G.S.AHLUWALIA,J. - (1.) This application under Section 482 of Cr.P.C. has been filed for quashing F.I.R. in crime No.42/2021 registered at Police Station Vijaypur, Distt. Sheopur for offence under Sections 295, 427, 147 of I.P.C.
(2.) It is the case of the applicants that on 22-2-2021, the complainant Shanker Jatav, lodged a F.I.R. on the allegations that on 2-1-2021, he and other members of the society had established statue of Dr. B.R. Ambedkar on a Govt. land. The house of the complainant is situated near the place where the statue of Dr. B.R. Ambedkar was established. At about 11:15 P.M., when he woke up in order to answer the call of nature, then he saw that the applicants were damaging the statue of Dr. B.R. Ambedkar. Out of fear, the complainant did not say anything, and informed other members of the society. It was further alleged that the applicants ran away after damaging the statue.
(3.) Seeking the quashment of F.I.R., it is submitted that it is incorrect to say that the statue was established on a Govt. land, but the said land was allotted by the Sarpanch of Gram Panchayat to Bhauran and on 31-12-2020, the said land was gifted to Shakya Society for the purposes of constructing a community center. Further, the applicants were already summoned by the police in the night of 21-2-2021 in the police station and they were not present on the spot. It is further submitted that one F.I.R. was lodged by the police on 8- 1-2021, on the allegations that due to establishment of statue of Dr. B.R. Ambedkar, the members of the Shakya society are very agitated. Accordingly, the police party went to the spot for maintaining law and order situation. The revenue record was got verified and it was found that the statue has been established on the Govt. land, without any permission. When the S.D.M. tried to pursue the members of Jatav community to remove the Statue, then they refused to do so. Thereafter, the S.D.M. got the statue removed with all respect. On this, the members of the Jatav community got annoyed and blocked the road after putting obstructions. When the police party, tried to clear the obstructions, then the members of the Jatav community started pelting stones, as a result, number of vehicles of the police party got damaged. Thereafter, the members of the Jatav community, again established the statue of Dr. B.R. Ambedkar on the same place.;


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