“The allegation made content of FIR are considered to be true at its face value even then the offence registered against the petitioner is not made out a case”-A Guideline formulated by the supreme court
Title-Rajendra Singh Rajput &others VS The state &others
Decided on-30/10/2023
+writ petition no.-19198/2023
CORAM-HON’BLE SHRI JUSTICE SANJAY DWIVEDI
INTRODUCTION
The supreme court has formulated Guidelines as under what circumstances F.I.R can be Quashed exercising power. as the petitioner has filed writ petition seeking quashment of challan where the council for the petitioners has submitted that if the allegation made and content of F.I.R are considered to be true at uts face value even then the offence registered against the petitioner is not made out and as such the said crime and charge-sheet submitted thereof is liable to be quashed as this attract the guidelines which was formulated by the supreme court complaint can be quashed and petition is accordingly allowed.
FACTS
The petitioner filed a petition under Article 226 of the Constitution of India seeking quashment of challan dated on 29/03/2023 submitted in crime no.908/2022 against the preset petitioners registering the case under section 34(1),36(B),36(c) of M.P Excise Act,1915 and under 7/15 of Madhya Pradesh Kolahal Niyantran Adhiniam ,1985 and section 177 of Ipc. Where the counsel of petitioner has submitted that if the allegation made and contents of FIR are considered to be true as its face value even then the offence registered against the petitioner is not made out and as such crime and charge-sheet submitted thereof is liable to be Quashed. Whereas the respondent stated that on 27/12/2022 the station house officer of Gorakhpur police station received an information that near Bhasin arcade somebody is playing extremely loud music which is disturbing his father along with the local resident where the police team reached the flat as mentioned where the police found that the young boys girls were playing music on High pitched, several bottle of liquior and During the inquiry the boy who was hosting the party introduced himself a permanent resident of Adhartal, Jabalpur. As few were escaped and the police arrested many of themand get there medical examine where it was found that most of them to be alcoholic intoxication where the offence was registered under section 34(1),36(B),36(c) of M.P Excise Act,1915 and under 7/15 of Madhya Pradesh Kolahal Niyantran Adhiniam. whereas the council of petioner argues from contents of FIR and Seizure made by the police from the spot, it is evident that no offence is made out against the petitioners as the coucil of petitioner stated that nor from the charge sheet it is clear as how offence is being made out neither there are proper materials which proof that offence has been made out as per the section charged which are mentioned above. the council for petitioner also asserts that from over all material of the charge sheet and offence for which petitioners have been charged it is clear that not only FIR but the chargesheet are liable to be set-aside.
THE COURT ANALYSIS AND DECISION
The Hon’ble court after considering the submission put forth by both the counsels and reviewing the available records analysis that there is no concrete evidence and material on record to constitute any offence against the present petitioner and on only the basis of mere consumption of liquor cannot be deemed to be an offence. The hon’ble court in one of the case has formulated guidelines as to under what circumstances FIR cab be Quashed exercising power provided under section 482 of Cr.P.C and article 226 of constitution of India.as in view of the guidelines no. 1 and 2 formulated by the Hon’ble court in one of the case the FIR or complaint can be quashed .so after all the discussion it was clear that as per the material collected by the prosecution and submitted along with the charge-sheet no offence is made out against the present petitioner therefore crime no. 908/2022 registered against the petitioners are hereby set aside and further proceeding as per the FIR and chargesheet is also quashed.
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Written by – Prachee Novo Mukherjee
