DIGVIJAY SINGH Vs. ARVIND SINGH BHADORIYA

JUDGEMENT

(1.) THIS criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the order dated 28-12-1999 of learned Chief Judicial Magistrate, Bhopal in Criminal Case No. 7975/99 directing that the complaint filed by the respondent be registered for offence under Sections 109 and 325, IPC against the petitioner No. 1, and under Section 325 read with Section 34, IPC against the petitioner Nos. 2 and 3.

(2.) THE facts giving rise to this petition are : The respondent/complainant Arvind Singh Bhadoriya is alleged to be a social worker and resides in the office of Akhil Bhartiya Vidhyarthi Parishad, Immami Gate, Bhopal. It is alleged that on 3-4-1999 at about 11. 30 a. m. , a function to celebrate 150 years of journalism in Madhya Pradesh was being organized at Sanskriti Bhawan, Bhopal which was to be inaugurated by the Chief Minister Digvijay Singh, the petitioner No. 1. When the Chief Minister, the petitioner No. 1, rose to address the gathering, the activists of Akhil Bhartiya Vidhyarthi Parishad under the leadership of respondent Arvind Singh Bhadoriya displaying black flags and banners started shouting and raised slogans against the Madhya Pradesh Vishwa Vidhyalaya (Amendment) Act. It is further alleged by the respondent/ complainant that the Chief Minister, the petitioner No. 1, got annoyed by the above obstruction by the said activists led by the respondent. The petitioner No. 1 directed the police authorities verbally as well as by gestures to turn out the respondent. The petitioner Nos. 2 and 3 who are Dy. S. P. and Town Inspector of Police Station Tatya Tope Nagar, Bhopal respectively, were also present on the spot for maintaining public security. On the instigation of the Chief Minister, the petitioner No. 1, the police force under the leadership of the petitioner Nos. 2 and 3 caught hold of the respondent and started beating him mercilessly. The respondent was taken out of the Bhavan where he was again beaten by the petitioner Nos. 2 and 3. During the beating he was slapped by the petitioner No. 3 as a result of which his ear-drum was damaged and started bleeding. The complainant/ respondent was taken to Police Station, T. T. Nagar, Bhopal. He was, however, later released.

(3.) THE respondent/complainant filed a criminal complaint against the petitioners in the Court of learned C. J. M. , Bhopal. The learned C. J. M. held an enquiry under Sections 200 and 202 of Cr. P. C. and by order dated 28-12-1999 registered Criminal Case No. 7975/99 for offences under Sections 109 and 325, IPC against the petitioner No. 1, and under Section 325 read with Section 34, IPC against the petitioner Nos. 2 and 3. Being aggrieved with the above said order dated 28-12-1999 the present revision petition has been filed by the petitioners.