Dismissed

Beauty Tiwary v. the State of Jharkhand

Jharkhand HC20 Sept 2019Cr.M.P./350/2019

Case brief

AI extract

What is this about?

In an application for quashing of an FIR for alleged offences under the IPC, the petitioner argued no offence was made out and he was not obstructing officials. The single judge held that the FIR allegations showed obstruction of official duty, an offence was made out, and the application was dismissed.

What did the court decide?

The prayer for quashing of the FIR was dismissed as the allegations made out an offence of obstructing government officials.

Beauty Tiwary Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 350 of 2019

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Beauty Tiwary …. …. Petitioner(s). Versus The State of Jharkhand …. …. Opp. Party(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner (S) : Mr. Indrajit Sinha, Advocate For the Opp. Party(S) : APP

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3/20.09.2019

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Heard learned counsel for the parties.

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In this application the petitioner has prayed for quashing of entire criminal proceeding including first information report dated 16.11.2018 in connection with Birsa Nagar, P.S. Case No. 116 of 2018, for the alleged offence punishable under Sections 353, 332, 333, 427, 504 and 506 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the petitioner is the lawful owner of the house in question. He submits that from perusal of the F.I.R. no offence, far or less a criminal offence is made out thus the F.I.R. could not have been registered. He submits that the petitioner has not obstructed any government officials from performing their lawful duties. It is submits that the petitioner was carrying out construction of a residential house to which the police falsely objected and for this reason this case has been instituted.

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Learned Addl. P.P. opposes the prayer and submits that the petitioner is praying for quashing the F.I.R. He submits that from bare perusal of the F.I.R cognizable offences is made out. Thus the F.I.R. was correctly lodged and this court cannot quash the same.

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This is an application where prayer has been made to quash the F.I.R. In an application where the F.I.R. is sought to be quashed, it has to be seen whether any offence is made out from bare perusal of the F.I.R.

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I have gone through the F.I.R., from the F.I.R., I find that there is an allegation that to remove some encroachment over the land in question. The informant proceeded with other officials to the place of occurrence. The informant had earlier received information that even in spite of demolish the unauthorised constructions, the petitioner restarted the construction work. When the informant reached the place of occurrence with the JCB Machine then this petitioner objected, abused the informant and others. There is an allegation that the petitioner and others started pelting stones from top up the house aiming at the petitioner. The also damaged the JCB Machine.

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This fact clearly suggest that the petitioner obstructed the informant and others who are Government officials/ Executive Magistrate from performing their official duty. It is well settled principle that if an offence is made out F.I.R. cannot be quashed.

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In this case, I find that an offence is made out the petitioner obstructed the Government Officials from performing their duty. The facts which has been mentioned in the F.I.R needs to be investigated. Thus, I am not inclined allow this application the same, is hereby dismissed.

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(ANANDA SEN, J)

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Amardeep/

Beauty Tiwary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Beauty Tiwary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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