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Judgment
This Petition has been filed under Section 482 of Cr.P.C. for quashing FIR No.72/2023, dated 16.01.2023 registered against the Petitioner at PS Civil Lines, District Bilaspur for the offence under Sections 283, 143 and 341 IPC.
Case of the prosecution is that through social media, the police got acquainted that the Petitioner along with other persons, assembled at National Highway-130, parked their vehicles on the road in an irregular manner and were dancing and thereby caused obstruction on the way. Based on the video clip, the higher officials instructed the concerned SHO to take action against them, therefore, the offence as aforesaid has been registered against the Petitioners.
Shri Soni, learned Counsel for the Petitioner submits that mere reading of the FIR reflects that no offence has been made out against the Petitioners and the averments made therein are not sufficient to even constitute the offence of wrongful restraint as no person on the road has been obstructed. He placed reliance on NS Madhanagopal & Anr vs. K Lalita decided on 10.10.2022 in S.L.P(Crl.) No.6039/2022 and further submits that a criminal proceeding has maliciously been instituted with an ulterior motive for wreaking vengeance on the accused, therefore, prays that the impugned FIR may be quashed.
Per contra, Shri Verma opposed the prayer and submits that sufficient material is available against the Petitioner and therefore, this is not a fit case to quash the FIR.
I have heard learned counsel for the parties and perused the documents annexed herewith carefully.
In NS Madhanagopal & Anr vs. K Lalita (supra), there is a dispute regarding the basic amenities like septic tank and waste water and in the back drop of such circumstances, a complaint case has been registered against which, the Court finds that there are no basic elements of Sections 294(b) and 341 IPC. Here in the instant case, the youth more than 5 in number have used the National Highway by parking their vehicles in an irregular manner, obstructed the Highway by dancing therein and also made video clip of the same, which affects the society at large.
In view of the submissions made, considering the parameters laid down in the matter of Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in 2021 SCC OnLine SC 315 wherein, it has been held that the police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the Code to investigate into a cognizable offence and while examining FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability of genuineness or otherwise of the allegations made in the FIR/complaint, this Court does not find any valid ground to quash the said FIR.
Accordingly, the Petition being bereft of any merits is hereby dismissed at motion stage.