SAURABH PADWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Accused/applicants filed this Criminal Revision under Section 397 read with Section 401 of Cr.P.C., against the order dated 27.9.2018 passed in Criminal Case No.534/2018, by Addl. Chief Judicial Magistrate, Shahdol, District Shahdol (MP), whereby learned Addl. Chief Judicial Magistrate framed the charge against accused/ appellant No.1 for the offence punishable under Sections 323, 452, 506-II of Indian Penal Code and appellant No.2 under Section 323, 452, 506-II of IPC and 3/181and 146/186 of Motor Vehicle Act.

(2.) The case of the prosecution is that applicant No.1 is a businessman at Pune and applicant No.2 is the driver by profession. Complainant respondent No.2, lodged FIR No.0254/2018 on 13.6.2018 against the accused/applicants alleging that on 12.6.2018 at about 10:00 P.M., accused/applicants came in Aman Palace Hotel, asked for a room, when complainant asked applicants to complete the formalities, they started searching room online and when applicants were unable to search out the room online, they insisted the complainant to provide rooms without their I.Ds. (Identity card). Thereafter, applicants assaulted the complainant, due to which complainant received injuries on his ear and other parts of body. Initially, on the complaint of complainant case was registered against the applicants under Sections 323, 506, 34 of IPC, but after completion of investigation and other formalities, respondent No.1 filed charge sheet under Section 173 of Cr.P.C., under Sections 323, 506, 34, 452 of IPC and Sections 146, 196, 3/181 of Motor Vehicles Act. Thereafter, learned Judicial Magistrate First Class, Shahdol vide order dated 27.9.2018 framed charges under Sections 452, 323, 506 Part-II of IPC proceeded for trial.

(3.) Allegedly, Nirmal Mahato is an employee in Aman Palace Hotel, Jabalpur on 12.6.2018, accused/applicants reached in the hotel by Vehicle bearing registration No.MH-02BR-9864. They parked the said vehicle in front of hotel, came in the reception counter and they wanted a room. The complainant demanded I.D. from the accused/applicants, but they refused to show their identity cards. They forcefully demanded a room without giving their identity cards, the complainant refused to allow the same. Accused/applicants abused filthy language, inflicted injuries and also threatened the complainant to dire consequences. Thereafter, complainant lodged a complaint against accused/applicants before concerned Police Station Sohagpur, District Shahdol. On the basis of the complaint so made by the complainant, case has been registered against the accused/applicants under Sections 323, 506, 452 of IPC. Learned trial Court framed the charge against the applicants as aforesaid.