Madhya Pradesh High CourtYash Agrawal vs The State Of Madhya Pradesh on 11 January, 2022Author:Virender SinghBench:Virender Singh1\n\n              HIGH COURT OF MADHYA PRADESH\n                      M.Cr. C. No. 37375/2021\n\n     (Yash Agrawal and another Vs. State of Madhya Pradesh)\n\nJABALPUR; Dated: 11.01.2022\n     Heard through Video Conferencing\n     Shri Ashutosh Patel, learned counsel for the petitioners.\n     Shri Shailesh Khampariya, Panel Lawyer for respondent-State.\n\n\n                             ORDERThe petitioners have invoked inherent power of this Court\n\nconferred underSection 482of the Code of Criminal Procedure for\n\nquashing F.I.R No. 608 registered underSections 294,323,365,384,386,120-BI.P.C. andSections 25of Arms Act, 1956 against\n\nthem and four other co-accused persons.2.   Quashing is sought on two grounds; first, the Police have not\n\nconducted proper investigation. It is unbelievable and improbable\n\nthat during the night curfew imposed in the wake of outburst of\n\nCovid-19 Virus, co-accused persons take the victim in a Car and\n\ndrop him outside his house at 2:30 at night and no one noticed them.\n\nIt is urged that the victim was electrocuted by co-accused persons but\n\nno such injury has been detected. The M.L.C. of the victim was\n\nconducted after a month of the incident and only simple injuries have\n\nbeen observed. This makes the case of the prosecution doubtful.3.   With regard to petitioner No. 2, Ritik Batham, additional plea\n\nof alibi has been taken. It is submitted that Close Circuit Cameras\n\ninstalled in the house of petitioner No. 2, Ritik Bahtam, show that he2was sitting outside his house at 1:30 in the night. Immediately after\n\nfive days of the incident he submitted those footage to the Police, the\n\nmother of the petitioner made complaint to the Superintendent of\n\nPolice, they also made a request to the Court of Judicial Magistrate\n\nto investigate the point of the petitioners but no one paid heed to\n\ntheir cry. It is further submitted that petitioner No. 2, Ritik Batham,\n\nis a literate person, has completed his graduation (B.B.A) and\n\npursuing his Law, he has to appear in second semester of Ll.B. First\n\nyear. His arrest may spoil his future. Therefore, his rights may be\n\nprotected. Lastly it is submitted that there is a subsequent\n\ndevelopment. The complainant is demanding money stating that in\n\ncase his demand is fulfilled, he will not name the petitioners before\n\nthe Court and this shows the conduct of the complainant and falsifies\n\nhis allegation.4.    Learned counsel for the petitioners referred to a compact disc\n\nof C.C.T.V. footage placed on record of this petition and copy of\n\ncomplaint (Annexure P-4 and P-5) made to the higher police\n\nauthorities to investigate the case properly; particularly in respect of\n\nclose circuit camera recordings installed at the house of petitioner\n\nNo. 2, Ritik Batham. He also placed reliance of paragraph 20 of\n\ntheJoginder Kumar v. State of Uttar Pradesh[(1994) 4 SCC 260]\n\nand submitted that the proceedings against both the petitioners be\n\nquashed.35.    In reply, Mr. Khampariya, appearing for the state referred to\n\nthe F.I.R., the police statement of the witnesses, the Court statement\n\nof complainant Kapil Pastor (PW-2) and other evidence available on\n\nrecord and had submitted that there is cogent evidence against the\n\npetitioners detailing the part played by them. This entire evidence\n\nhas to be examined and appreciated by the Court keeping in view the\n\nguideline settled in the Bhajan Lal's case (State of Haryana Vs.\n\nCh. Bhajan Lal and othersreported in AIR 1992 SC (604). At this\n\nstage in a situation where prima facie strong evidence is available on\n\nrecord quashment, as sought for, cannot be done.           It is further\n\nsubmitted that plea of alibi is the defence of the petitioners, which\n\nhas to be established by them by producing evidence before the Trial\n\nCourt. At this stage considering that plea only quashment of the\n\nproceedings which have already been initiated and pending is not\n\nproper.6.    There are certain allegations against the petitioners. Whether\n\nthey are reliable or not, has to be appreciated by the Trial Court\n\nwithout granting opportunity to the prosecution to establish them,\n\nthe proceedings cannot be quashed particularly when prima facie\n\nthey show existence of a strong case against the petitioners.7.    Lastly it is asserted that petitioner No. 2, Ritik Batham, is still\n\nabsconding and is not cooperating with the investigation. The Police\n\nhave completed investigation in a case which was registered in June,\n\n2021 and filed the charge-sheet. He never responded to the call of4the Police, never cooperated with the investigation; therefore, left\n\nwith no other choice the Police segregated his case and filed a\n\ncharge-sheet against co-accused persons and still trying to apprehend\n\nhim. The conduct of the petitioners disentitles them from any relief\n\nfrom this Court. Besides this the petitioners have criminal record\n\nalso for which learned counsel for the petitioners have no\n\nexplanation. Therefore, the petition may be dismissed.8.    The case of the prosecution, in short, is that pretending that\n\nthey want to buy some medicines, a group of perpetrators kidnapped\n\nthe complainant Kapil Pastor on 11.06.2021. They first called him to\n\nhis shop and on his arrival, they forced him to sit in their swift desire\n\ncar being driven by the petitioner. They took him to a deserted place\n\nwhich were ruins of some old building. On the way, they thrashed\n\nhim by kicks and fists and also abused him. Rahul gagged his mouth,\n\nYash wielded a country made pistol on his head due to which he lost\n\nconsciousness. When he regained consciousness, found himself in an\n\nabandoned remains of some old building. He was surrounded by co-\n\naccused persons Ritik, Rahul, Yash and Mayank. They again abused\n\nhim. Rahul beat him with a stick and Mayank & Ritik beat him with\n\nbelt. They were asking him to follow their instructions. Rahul and\n\nYash demanded Rs.5 Lakhs under the threat that otherwise\n\nthey will implicate him in some case of supply of illegal firearms or\n\nselling fake/duplicate Remdesivir injections. Yash forced him to have\n\ncountry made pistol in his hand and shot a video forcing him to state5that the firearms belonged to him and he used to supply the same.\n\nRahul shot another video forcing him to state that he is indulged in\n\nthe sell of duplicate Remdesivir injections. They further tortured him\n\nto extort Rs.5 Lakhs.9.    During this entire episode, Yash and Rahul were talking to\n\nsome Vora Bhai on mobile. Vora Bhai also joined them after some\n\ntime. They all beat him and tortured him to give the money. After\n\nsometime they called some Alto Car and forced him to sit on its back\n\nseat. Rahul and Yash sat on his both sides. Ritik sat on the front seat\n\nand one of them sat on the drivers seat. Vora Bhai started guiding\n\nthem by his Activa scooter bearing registration No.MP 04 UG 4115\n\nand they all took him to a flat somewhere in Katara Hills and locked\n\nhim there. Here again they thrashed him and forced him to sit under\n\nthe stairs and poured water on him and also gave him electric shocks.\n\nHere they again shot video on his mobile and forced him to state that\n\nhe is indulged in blackmarketing of Remdesivir injections. Yash and\n\nRahul forwarded the video on their mobile phones and threatened\n\nhim that in case he will not give the money, they will viral the video.10.    Harassed, complainant, finding no other way, agreed to give\n\nthem Rs.50,000/- then and there. He also agreed to pay Rs.70,000/-\n\nto 80,000/- later on and requested them to let him go. Thereafter, the\n\noffenders returned his mobile phone. He called his friends Vivek,\n\nDevendra and Sumit and requested them to send Rs.10,000/- each.\n\nVivek sent him Rs.10,000/- on "Phone Pay", Devendra sent6Rs.2000/-. Thereafter he transferred Rs.24,000/- using his credit\n\ncard through Paytm. He again transferred Rs.45,000/- through\n\n"Phone Pay" on the mobile of Rahul. He again transferred Rs.4000/-\n\nto Rahul in the same manner. On their instructions, he further\n\ntransferred Rs.530/-to some fast food vendor through his phone and\n\nrequested them to leave him stating that he does have more money to\n\ntransfer.11.     Acceding his request, they allowed him to go under the threat\n\nthat if he does not pay Rs.2 Lakhs or discloses the incident before\n\nany one, they will implicate him in some false case by handing over\n\nthe video shot by them to the Crime Branch. Rahul, Ritik, Yash\n\nalongwith driver dropped him near his house at about 2:30 by Alto\n\nCar. He did not disclose the incident before his family members but\n\nwhen his friends Faiz and Arman came to his house, he revealed the\n\nentire incident before them who thereafter disclosed the same\n\nbefore his family members. They decided to approach the police\n\nand thereafter the complainant lodged the present FIR.12.     For the sake of convenience, it would be proper to refer to the\n\nF.I.R:-Qfj;knh dfiy IkLrksj firk txnh'k izlkn iLrksj tkfr iafMr mez&\n      21 lky fuoklh& e-u- 520 lsejk xsV lkbZjke dkyksuh Fkkuk Lvs'ku\n      ctafj;k Hkksiky eks-u-& 8770985987 us Fkkuk vkdj Fkkuk izHkkjh\n      guqekuxat Hkksiky ds uke ,d fyf[kr vkosnu is'k dj fjiksVZ fd;k\n      ftlds etcwu ij i``Fke n``"V;k /kkjk 294] 323] 342] 365] 384] 386]\n      120 ch Hkknfo] 25 vkElZ ,DV dk vijk/k vkjksihx.k ;'k vxzoky\n      jkgqy cMdqy] e;ad lSuh] fjfrd ckFke] dju jkBkSj o oksjk ds }kjk7Qfj;knh ds lkFk ?kfVr djuk Ikk;s tkus ls vijk/k iathc) dj\nfoospuk esa fy;k x;kA udy vkosnu tsj gSA izfr Fkkuk izHkkjh Fkkuk\nguqekuxat ftyk Hkksiky fo"k; ;'k vxzoky] jkgqy cMdqy] e;ad\nlksuh] fjfrd ckFke] dju jkBkSj o oksjk ds fo:) vijk/k iathc)\ndjus gsrqA egksn;] fuosnu gS fd eSa nok otkj o/kZeku Iyktk nqdku\nuacj 1 esa Lo.kZ QkekZ nqdku ij vdkÅaV ns[kuk vkSj eky fMysojh dk\ndke djrk gqaA dy fnukad& 10@6@21 dks lqcg 10&00 ;k 10&30\ncts lqcg tc eSa vius ?kj ij Fkk rc esjs jkgqy cMdqy us vius\neksckbZy ls eq>s Qksu yxkdj cksyk nokbZ ysuk gS nok ctkj vk tkÅa\nD;k] rks eSus mls 12 cts rd nqdku vkus dk crk;kA fnukad\n10@6@21 ds yxHkx 2&30 cts djhc jkgqy ds cqykus ij eSa nok\ncktkj gehfn;k jksM okys esu xsV ij x;kA ogk¡ ij jkgqy lQsn jax\ndh ,d Loh¶V fMtk;j dkj ysdj [kMk feyk dkj ij Hkkjr ljdkj\nfy[kk FkkA mlds lkFk xkMh esa mldk nksLr fjfrd ckFke vkSj ,d\nMªk;oj FkkA ftls jkgqy dju uke ls cqyk jgk FkkA jkgqy us eq>s\nvius eksckbZy esa ,d nokbZ crkbZ rks eSus mls cksyk dh ugh fey\nik;sxh rks jkgqy us eq>s dgk dh pyks pk; ihdj vkrs gS vkSj eq>s\nxkMh esa ihNs dh lhV ij cSB fy;kA vkxs dh lhV ij fjfrd ckFke\ncSBk Fkk dju xkMh pyk jgk Fkk mlds ckn dkj ls 'kfDr vkVks\nikVZl nqdku ds lkeus gehfn;k jksM ij igqapsA ogk¡ ij nks yksx vkSj\nvk x;s vkSj ;'k vxzoky dkj esa vkdj es cxy es cSB x;k vkSj ,d\nyMdk ftls fjfrd e;ad uke ls cqyk jgk Fkk fjfrd ds cxy esa\ncSB x;k vkSj jkgqy vkSj ;'k eq>s gkFk eqDdks ls ekjihV djus yxk]\neq>s eka cgu xanh xanh xkyh nh eSus euk fd;k vkSj fpYykus yxk rks\njkgqy us esjk eqag idM+ fy;k] ;'k vxzoky us esjs flj ij ihNs dV~~Vs\nds cV ls ekjk rks eSa csgks'k lk gks x;kA eq>s gks'k vk;k rks eS ,d\n[k.Mj esa FkkA ogk¡ ij fjfrd] jkgqy] ;'k] e;ad eq>s ?ksjdj [kMs FksA\nlHkh yksx eq>s xkyh nsus yxs vkSj jkgqy us eq>s MaMs ls gkFk iSj es\nekjk] e;ad vkSj fjfrd eq>s csYV ls ekj jgs Fks] vkSj lHkh cksys dh\ntSlk ge dg jgs gS oSlk djks eSus euk fd;k rks eq>s ekjihV djus\nyxs vkSj jkgqy vkSj ;'k cksy jgs Fks fd 5 yk[k :i;s vkvks ugh rks\nrq>s jsefMlsoj batsD'ku cspus ds dsl esa ØkbZe czkap es ns nsxsA bu8yksxks us esjs eksckbZy ls gh ,d fofM;ks cuk;k] ftles ;'k us eq>s\ntcju dV~Vk idMk;k vkSj eq>ls cqyok jgk Fkk fd ;g dV~Vk esjs gS\neSa bl lIykbZ djrk gq¡A vkSj jkgqy us esjs lkFk fofM;ks cuok;k fd eSa\njsefMlsfo;j batsD'ku mlds lkFk csprk Fkk vkSj eq>s pkjks yksx\nekjihV dj dV~~Vk vMkdj tku ls ekjus dh /kedh nsdj 5 yk[k\n:i;s nsus ds fy, izrkfM+r djrs jgsA ;'k vkSj jkgqy fdlh oksjk HkkbZ\nls eksckbZy ij ckr dj jgs Fks] rc rd Loh¶V dkj ysdj Mªk;oj vkSj\neksuw dgh pys x;s FksA dqN VkbZe ckn oksjk HkkbZ ogk¡ ij vk;k rks\nmlus Hkh xkyh nsdj ykr ?kqalks ls ekjihV dh vkSj cksyk tYnh iSls ns\nns ugh rks rq>s ftank ugha NksM+asxs vkSj fQj bu yksxks us fdlh ls vYVks\ndkj cqyokbZ vkSj eq>s vYVks dkj esa ihNs dh lhV ij chp es cSBk;k\nesjs cxy nka;s rjQ jkgqy cMdqy] ck;sa rjQ ;'k vxzoky dV~Vk\nyxkdj cSBk Fkk] vkxs fjfrd ckFke cSBk Fkk vkSj Mªk;oj vius lhV\nij cSBk FkkA ;s yksxks eq>s dkj ls ysdj oksjk ,DVhok ucaj\nMP04UG4115 ls vkxs jkLrk crkrs gq;s dVkjk fgYl ,d ¶ysV\nij ys x;sA ogk¡ ij bu yksxks us eq>s ¶ysV esa can djds fQj ls\nekjihV dh vkSj thus ds uhps cSBkdj esjs Åij ikuh Mkydj esjs iSj\nij djaV yxk;k vkSj esjs eksckbZy ls esjk fQj ls fofM;ks cuk;k vkSj\neq>ls cqyok;k fd eSaus jseMsfloj batsD'ku dh dkykcktkjh dh gS vkSj\nesjs esjs fofM;ksa jkgqy vkSj ;'k us vius uacjksa ij ysdj eq>ls cksyk fd\n;fn rw ges iSlk ugh nsxk rks rsjs ;s fofM;ks ok;jy djds rq>s tSy es\nfHktok nsaxsA rc eSa cgqr ijs'kku gks x;k rks eSaus cksyk dh eSa vHkh\n50000 :i;s ns nsrk gq¡ vkSj dy 70&80 gtkj :i;s ns nqaxk eq>s vHkh\n?kj tkus nksA fQj bu yksxks us eq>s eksckbZy fn;k rks rks eSus esjs nksLr\nfoosd lsu] nsosUnz vfgjokj lqfer fyVksfj;k dks dkWy djds 10&10\ngtkj :i;s cqyok;s ysfdu foosd us 10000 :i;s Qksu is ij Hksts\nvkSj nsosUnz us 2000 :i;s HkstsA mlds ckn eSaus vius ØsfMV dkMZ ls\n24000 :i;s isVh,e okysV esa ,M djs fQj vius ,p Mh ,Q lh\nvdkÅaV esa lsaM fd;k vkSj eSus vius Qksu is ls 45 gtkj :i;s jkgqy\ncMdqy ds eksckbZy Qksu is ij] fQj 4000 :i;s jkgqy cMdqy ds\nQksu is ij vkSj fdlh QkLV QqV okyksa dks 530 :i;s lsaM fd;sA vkSj\neSaus mUgsa cksyk fd eq>s NksM+ nks esjs ikl vc iSls ugh gS rc bu yksxks9us eq>s /kedh nh dh ;fn rqe fdlh dks crkvksxs rks rqEgkjs fofM;ks\n                                ØkbZe czkap dks nsdj rqEgs Qalk nsxs vkSj cksys fd ;fn nksigj 2 yk[k\n                                :Ik;s ugh yk;s rks rqEgkjs fofM;ks ok;jy dj nasxs vkSj jkr esa yxHkx\n                                <+kbZ cts eq>s esjs ?kj ds ij fot; uxj ns'kh dykjh ij vYVks dkj\n                                ls jkgqy] fjfrd] ;'k vkSj ,d Mªk;oj us NksM+k rc ls eSa vius ?kj\n                                igqapkA eSaus ?kj ij fdlh dks ugha crk;k vkSj esjs nksLr Qst vkSj\n                                vjeku esjs ?kj ij vk;s rks mUgs lkjh ckr crkbZ rc ?kj okyksa dks\n                                crk;k fjiksVZ djus vk;k gqa dk;Zokgh dh tkosa gLrk- vaxzsth esa\n                                viBuh; vkosnd dfiy iLrksj firk txnh'k izlkn iLrksj tkfr\n                                mez&21 lky fuoklh& e-u- 520 lsejk xsV lkbZjke dkyksuh Fkkuk\n                                LVs'ku ctfj;k HkksikyA fnukad& 11@6@2113.      Thus, the evidence available on record, prima facie, strongly\n\n                          makes out a case against the petitioner and in such situation in view\n\n                          of the incriminating evidence available on record prima facie\n\n                          showing involvement of the petitioner in the alleged crime, as\n\n                          emerged in submission of the learned Panel Lawyer, applying the\n\n                          guiding principles for exercising the inherent powers by the Courtslaid down inBhajanlal's case (supra), in the instant case, this Court\n\n                          does not find it appropriate to quash the FIR or the proceedings\n\n                          pending against him at this primary stage. Plea of alibi as stated by\n\n                          the learned Panel Lawyer has to be taken and proved before the Trial\n\n                          Court at an appropriate stage and it cannot be made a ground for\n\n                          quashing the proceedings. Hence, the petition is dismissed being\n\n                          bereft of merit.(Virender Singh)\n                                                                                    JUDGE\n       vivekDigitally signed by VIVEK KUMAR TRIPATHIDate: 2022.01.17 10:22:29 +05'30'