I am falsely implicated in an offense under Section 149 of the Indian Penal Code (IPC). However, I was not connected to the group involved in the land grabbing. A quarrel erupted between two groups vying for possession of the agricultural land. My father had purchased this land from R. R’s son is attempting to invalidate the sale deed and has also entered into an agreement to sell the land to another person, who has a criminal history and is known as a local goon. When the dispute became known in the village, other individuals also attempted to forcibly take the land. On May 12, 2024, two groups arrived at the land and tried to take possession. Upon hearing of this, I went to the land as well. I saw that the two groups were engaged in a fight.
Suddenly, a gun shot was fired, and one person fell. Subsequently, members of the other group scattered. I chased them for approximately four hundred meters. I was also carrying my gun, and some witnesses have informed the investigating officer about this. It is a fact that I went to the scene of the incident after hearing about the quarrel. The First Information Report (FIR) was registered under Sections 149, 302, 307, 504, and 506 of the IPC. My name has been included in the list of accused solely because I was present at the scene of the incident. There was no connection between me and either of the groups. I was there merely out of curiosity and discovered that the two groups were attempting to seize my land.
Asked from: Uttar Pradesh
It appears from the facts of your case that there was no common object between you and the groups vying to grab your land. It is an undisputed fact that the land in question is your property, as your father had purchased it from R. In the absence of a common object, you cannot be arrayed as an accused in the alleged offence. Since you are the owner of the land, it was natural that upon hearing about the attempted land grabbing, you would go to the site.
You chased the individuals involved with the intention of protecting your land. In your case, the common object was formed by the members of the groups attempting to take possession of your land. Section 149 of the Indian Penal Code (IPC) applies when five or more persons, after forming a common object, commit an offence in furtherance of that common object. It is not necessary for all members to commit the offence; if even one of them commits an offence in furtherance of the common object, all members of the unlawful assembly are liable for that offence [Lalji and Others vs. State of Uttar Pradesh, AIR 1989 SC 754].
Since you arrived at the scene only after hearing that two groups were attempting to grab your land, there was no common object on your part, and you were not a member of any unlawful assembly. In this situation, you have committed no offence.
You should file a petition in the High Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for quashing the charge sheet (if it has been filed). Alternatively, you may file a criminal miscellaneous writ petition under Article 226 of the Constitution of India for quashing the FIR. In both scenarios, the proceedings are likely to be quashed, as no offence is made out against you [Bhajan Lal’s case].
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