mp-high-court-scraps-attack-case-against-icu-admitted-victim:hc-says,-‘police-acted-with-vendetta’;-quashes-fir

The case raises serious questions over police investigation and alleged retaliatory action. A person was first subjected to a life-threatening attack and critically injured, after which an FIR was registered against the same victim. The Madhya Pradesh police reportedly filed the FIR without a preliminary inquiry. Challenging this in the High Court, the victim said that when Mandla police registered the case at the behest of the accused, he was admitted to the ICU of a private hospital in Jabalpur, fighting for his life. High Court quashes FIR as retaliatory The court found it unlikely that the seriously injured petitioner could have committed the incident 80 km away. During the Saturday hearing, Justice B.P. Sharma termed the case an act of revenge, quashed the FIR against the petitioner, and directed that a copy of the order be sent to the Mandla SP. Attack occurred on January 13 Police filed an FIR against injured person On January 13, Shankar Lal Gunani was fatally attacked around 6:30 PM. The next day, January 14, Kapil Sahu’s mother filed a complaint at Bijadandi police station in Mandla, alleging that Shankar Lal had reached her house at 6:20 PM with armed men, vandalized the premises, set it on fire, issued death threats, and fled. During the hearing, the High Court examined records and termed the FIR registered by Madhya Pradesh Police as unnatural and unbelievable. The Court questioned how Shankar Lal could be present in Bijadandi and then reach Ekta Chowk under Barela police station, about 40 km away, within just 10 minutes, especially when he himself was attacked. After the assault on the night of January 13, his driver and security staff admitted him to a private hospital. Advocate Sankalp Kocher told the Court that Shankar Lal was admitted in critical condition with over 40 stitches on his head and remained unconscious for two days. The Court expressed surprise that Bijadandi police registered an FIR against a seriously injured person hospitalised 40 km away and observed that criminal law cannot be used for revenge, noting that the FIR was lodged as retaliation to the case filed by Shankar Lal. High Court quashed the FIR The High Court also found during the hearing that the woman, Mamta Sahu, who had filed an FIR against Shankar Lal Gunani with the police, stated that the petitioner himself had revealed after committing the incident that his name was Shankar Lal Gunani. The court also expressed surprise at this and said that in reality, no sensible criminal reveals their identity and their own name while committing a serious crime. Considering the allegations made by the woman insufficient, the FIR registered at Bijadandi police station under sections 296, 351, 324, 326 was quashed, and instructions were given to send copies of the order to CJM Mandla, SP Mandla, and Station In-charge Bijadandi. One year has passed since the incident. The accused attackers, Kapil Sahu and Sainty Barmaiya, along with other accomplices, are still absconding.