RAJJU ALIAS RAJKUMAR JAIN & ANOTHER Vs. STATE OF M.P.
HIGH COURT OF MADHYA PRADESH (AT: GWALIOR)
Rajju Alias Rajkumar Jain And Another
STATE OF M.P.
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SHEEL NAGU,J. -
(1.) Inherent powers of this Court are invoked for quashing of the FIR bearing Crime No. 365/2015 registered at P.S. Kurwai Distt. Vidisha for offences punishable u/S 353, 332, 294 read with Sec 34 IPC .
(2.) Learned counsel for the rival parties are heard on the question of admission.
(3.) Learned counsel for the petitioner submits that no offence as alleged is made out from a bare reading of the allegations contained in the FIR. It is submitted by the petitioner that the offence of assaulting Government servant to deter him from discharging his official duty could not have been lodged by the complainant Shyam, a constable in the Police Department as the said constable at the relevant time was deputed for service of summons when in the course of discharge of this duty, he came to know from the informant that petitioner no.1, 2 and 3 namely Rajju Jain, Pappu Jain and Rohit Jain were indulging in gambling in a tea shop. It is alleged in the FIR that on so receiving the information, the complainant reached the tea shop at about 3:35 p.m. in the afternoon and saw few people standing in the shop of Rajju Jain. On seeing the complainant, it is alleged that the said persons started running away. When the complainant tried to apprehend the people running away, the three accused including the petitioner hurled abuses at the complainant whereafter a scuffle followed wherein it is alleged that the complainant was beaten by the accused. It is further alleged that accused Pappu pushed the complainant which resulted into injury in the nose of the complainant and tearing of his uniform. The ensuing hue and cry created due to scuffle and beating brought witnesses Yogendra and Shrikant to the spot whereafter accused fled away.;
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