DALENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this criminal miscellaneous petition is to the order dtd. 7/8/2024 passed by learned Second Additional Sessions Judge, Balodabazar, District - Balodabazar - Bhatapara (C.G.) in Criminal Revision No. 24/2024, whereby learned Second Additional Sessions Judge has dismissed challenge of order dtd. 4/3/2024 of framing of charge.

(2.) Learned counsel for the petitioner submits that learned Judicial Magistrate has not considered the entire facts available before it. Police has projected false facts in the charge-sheet. On the date of incident, motorcycle driven by son of petitioner was seized for alleged commission of offence under Sec. 4/181, 190/2, 184 of the Motor Vehicles Act, 1988. The said vehicle was taken in custody vide order dtd. 1/11/2023 passed by Principal Magistrate Juvenile Justice Board, Balodabazar, Chhattisgarh. When the petitioner went to Police Station for getting custody of the said vehicle pursuant to the above order, false case was prepared by the Police. He also submits that there is no prima facie material available in charge-sheet for framing of charges under Sec. 294, 506, 323, 186, 332 and 353 of IPC. Learned revisional Court also has erroneously dismissed the revision on extraneous considerations.

(3.) Learned counsel for the State opposes the submission of learned counsel for petitioner and would submit that from the documents filed along with the criminal miscellaneous petition, it is appearing that incident is of 24/10/2023 and FIR was lodged on 24/10/2023 at about 6 pm. Complainant/informant is Shivnarayan Kurre who is posted at Police Station Palari, District- Balodabazar, Chhattisgarh as Assistant Sub-Inspector. In FIR there is specific mention that on 24/10/2023 at about 5:20 pm petitioner came to Police Station shouting that who has kept the motorcycle of his son in Police Station, started abusing in filthy language and misbehaving, to which the complainant has tried to stop him by advising him that he should not use such abusive language, upon which petitioner threatened of life and interfered with discharge of his official work. The incident was witnessed by other Police Officials present in the Police Station. He submits that according to statement recorded under Sec. 161 of Cr.P.C. of complainant- Shivnarayan Kurre, Kamal Kewart-Head Constable, Den Singh Netam - Constable, G.N. Verma - Constable and Triloki Baghel- Constable have also narrated the same facts stated by him. Learned Magistrate considering the material available in charge-sheet has framed charges. Hence, the learned revisional Court justified in dismissing the revision.