The present petition u/S. 482 of Cr.P.C. invoking inherent powers of the Court has been filed for quashment of FIR (Annexure P-3) bearing crime No. 264/2014 alleging offence punishable u/Ss. 395, 397 of IPC and section 11/13 of MPDVPK Act registered at police station Civil Lines, Morena against the petitioner.2. Learned counsel for the petitioners primarily raises three grounds; first ground is that the said FIR is an outcome of an act of retaliation because one Parasram who is relative of petitioner was murdered in regard to which separate FIR was lodged on 05/06/2013 bearing crime No. 286/2013 (Annexure P-1) alleging offence punishable u/Ss. 302, 147, 148, 149, 294 of IPC; second ground is that the impugned FIR has been lodged solely on the basis of direction issued by this Court in MCRC No. 631/2014, whereby certain directions were issued to the police authorities to act under section 154 of Cr.P.C. upon the complaint filed by 2 Ramveer & Ors.Government of U.P. & Ors.reported in (2014) 2 SCC 1 and the third ground is that the alleged offence contained in impugned FIR is vitiated on the ground that the basic ingredient of alleged offence of Dacoity is not made out.Before embarking on the ground of retaliation, it is important to find out as to whether the allegation contained in impugned FIR make out the basic ingredient of offence alleged or not?The offence alleged is of Dacoity u/S. 391, 395 & 397 IPC are reproduced herein below for ready reference and convenience :-Section 391 - Dacoity "When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit "dacoity."Ramveer & Ors.State of M.P.M.Cr.C. No.5898/2014 Section 395 - Punishment for dacoity "Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine."Section 397 - Robbery, or dacoity, with attempt to cause death or grievous hurt :-"If, at the time of commuting robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years."Bare perusal of the allegation contained in impugned FIR reveals that the accused barged into the house of the victim and forcibly took away 300 bags of wheat and some bags of Arahar and Gram pulses.It is also alleged that T.V., Fridge and other utensils were also taken away along with 30 buffaloes, after extending intimidation and dire consequences to the 4 Ramveer & Ors.State of M.P.M.Cr.C. No.5898/2014 victim.The basic ingredients of Dacoity which is an aggravated form of theft are that while causing theft if intimidation, threat to cause injuries or death is extended by five or more persons, the offence of Dacoity is made out.The allegation contained in the impugned FIR which on prima facie basis reflects that the victim was deprived of certain properties belonging to her by entering into the house and taking away the properties by extending intimidation, threat or fear to cause injury / death.The petitioners were more than five in number and, therefore, on plain reading of the FIR the alleged offence of Dacoity is made out.As regards, other ground of lodging of impugned FIR to be an act of retaliation, this Court is of the prima facie view that the offence alleged of Dacoity is made out in view of allegation contained in the impugned FIR, the said ground cannot be considered in favour of the petitioners.Since Parasram (relative of the petitioner) was murdered, the impugned FIR was lodged as an act of retaliation, this Court 5 Ramveer & Ors.State of M.P.M.Cr.C. No.5898/2014 cannot come to the conclusion that injustice is being caused to the petitioners to the extent of compelling this Court can invoke its inherent powers u/S. 482 of Cr.P.C. No such power can be invoked in favour of the petitioners by presuming that due to an act of retaliation the impugned FIR has been lodged by the victim.Learned counsel for the petitioners further submits that the allegation contained in impugned FIR are absurd and baseless.This Court is afraid that the veracity of the allegation contained in the impugned FIR cannot be adjudged at this stage unless they are put to test on the anvil of evidence adduced.The order passed in MCRC No. 631/2014 has not been brought on record.M.Cr.C. No.5898/2014 542 in respect of the ground that the petitioners were not heard before FIR impugned was lodged against them, Anjani Kumar vs. State of Bihar and Anr.reported in (2008) 2 SCC (Cr.) 582 in respect of the submission that the impugned FIR is an outcome of retaliation and therefore is vitiated by malafide and lastly reliance is placed on the decision of the Apex Court in case of Manoj Mahavir Prasad Khaitan v. Ram Gopal Poddar and Anr.reported in (2011) 1 SCC (Cr.) 94 in respect of submission that allegation in the impugned FIR are absurd and vague.In regard to decisions cited by learned counsel for the petitioners supra there is no quarrel that each one of them is an authority by itself on the facts and circumstances prevailing therein.However, none of these decisions of the Apex Court lay down that even if on plain reading of FIR impugned, the allegation contained therein discloses commission of cognizable offence, even then the High Court is empowered to exercise inherent powers u/S. 482 of Cr.P.C. to quash the FIR.State of M.P.M.Cr.C. No.5898/2014 which were found to be a counter blast to the action taken by the accused in his official capacity.13.3 Considering the delayed lodging of impugned FIR and also the fact that the accused in the impugned FIR are the complainant in the earlier FIR Annexure P-1, presumption arises that subsequent FIR is an after thought, lodged merely to take revenge.However, considering the fact that the allegation contained in the impugned FIR relates to dacoity in Morena which is notified as a kidnapping at dacoity affected area under the special enactment of MPDVPK Act, 1981 and allegation on prima facie basis satisfy the 8 Ramveer & Ors.This Court on hearing learned counsel for the petitioners found that the victim in the impugned FIR had informed the police about commission of cognizable offence and since police authorities failed to act upon it, MCRC No. 631/2014 was filed where this Court issued direction keeping in view the decision of the Apex Court in the case of Lalita Kumari(supra) that every police officer is obliged to lodge FIR in case information furnished discloses commission of cognizable offence.Accordingly necessary directions by this Court were issued to the police authorities to act upon the complaint filed by the victim in terms of section 154 of Cr.P.C. after keeping in view the law laid down by the Apex Court in the case of Lalita Kumari (supra).Reading of impugned FIR does not indicate that merely on the direction of this Court impugned FIR was lodged, but it was lodged on account of furnishing of information in regard to commission of cognizable offence of Dacoity.There is another submission raised by learned counsel for the petitioners that before passing order in MCRC No. 631/2014, petitioners were not heard.In this regard, this Court is of the considered view that lodging of FIR u/S. 154 of Cr.P.C. there is no need to hear the accused before lodging the FIR.Section 154 of Cr.P.C. is reproduced herein below for ready reference and convenience :-"Section 154 - Information in cognizable cases (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.Provided further that--(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (1) or sub-section (2) of section 376, section 376A,section 376B, section 376C, section 376D or section 376E of the Indian Penal Code is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of a special educator or an interpreter, as the case may be;(b) the recording of such information may be videographed.Ramveer & Ors.M.Cr.C. No.5898/2014(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.No order as to cost.

Cited provisions: Section 509 in The Indian Penal Code; Section 395 in The Indian Penal Code; Section 397 in The Indian Penal Code