RATAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court allowing the petition filed by respondent No. 2. The High Court by the impugned order accepted the petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code ). Respondent No. 2 had filed the petition questioning framing of charges against him along with co-accused for offence punishable under Sections 307, 148, 323 read with Section 149, 307 read with Section 149, 341 and 294 of the Indian Penal Code, 1860 (in short the IPC ). The petition was filed primarily on two grounds. One was that the present respondent No. 2 had suffered injuries in the incident which admittedly had happened at two different places at a distance of 7 kms. from each other and, therefore, the case was falsely foisted. The other was that injuries were simple in nature and no injury was found on the vital part of the body and, therefore, Section 307 read with Section 149 IPC has no application. The High Court accepted the latter submissions and held that framing of charge for offence punishable under Section 302 or 307 read with Section 149 IPC is an abuse of process of court.

(3.) Learned Counsel for the appellant submitted that the scope and ambit of Section 307 has not been kept in view. The stand was supported by learned Counsel for the State. Learned Counsel for the respondent No. 2, on the other hand, supported the judgment.