VINOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under Section 397/401 Cr.P.C. has been preferred by the petitioners being aggrieved by the order dated 21.01.2019 in S.C.P.P.M. No.97/2018 passed by learned Special Judge MP/MLA, Bhopal, whereby the learned Special Judge has framed the charges against the petitioners for offence punishable under Sections 363, 365, 342, 323 read with Section 149, 327, 394 and 506-II of IPC.

(2.) Case of prosecution in brief is that police has initially registered the FIR against the petitioners for the offences punishable under Sections 323, 344, 34-A, 506 and 147 of IPC. It is mentioned in the FIR that complainant-Devendra Singh Bhadoriya has informed the police that on 14.02.2015 at about 09:30 pm, when he was in his house, two four wheeler came in the door of his house in which Ram Lakhan, Sanju Singh (who is the son of Ram Lakhan Singh), Vinod Singh Kushwaha, Sitaram along with 3-4 other persons were come and Sanju stated him that they are interested to elect him as Vice President of Janpad Panchayat but he has to arrange Rs. 10,00,000/- for the same, therefore, he arranged some Rupees and ornaments. After that, they took the complainant from Bhind to Gudgaon, during the said period, they switched off the mobile phone of the complainant, they armed with pistol and Katta and committed marpeet with him and also threatened him. Thereafter, they confined him in agricultural farm house was of one Captain, although he does not know his name. On 09.03.2015, they left him in Janpad office and after completion of concerned election, he reached in the house of accused persons and demanded the aforesaid money, then petitioners/accused again confined him in room and committed marpeet with him.

(3.) After registering the FIR, police has completed inquiry and filed the charge-sheet for the offences punishable under Sections 323, 344, 347 506 and 147 of the IPC, thereafter, learned trial Court has framed the charges against the petitioners/accused for the offences punishable under Sections 363, 365, 342, 323 read with Section 149, 327, 394 and 506-II of the IPC.