UMA SHANKAR SHARMA Vs. HOME DEPARTMENT

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India to transfer the investigation of the Crime No.03/2019 registered at Police Station Udaypura, District Raisen to the Crime Investigation Department of M.P.

(2.) Brief facts of the case are that on 02.01.2019 complainant Suresh lodged a report at P.S. Udaypura averring that he drove Pawan Rajput's vehicle bearing registration No.MP-04-CN-2507. On 01.01.2019 at 08:00 PM when he was passing from the front of petitioner Umashankar's office with the same vehicle along with Pawan Rajput and Ramesh Rajput, on the way, when they reached in front of Rathi's shop, they saw that 15-20 men were standing armed with stick, spears (farsa) and gun in front of petitioner Uma Shankar's office. As he slowed the vehicle down, these people ran towards his vehicle, so he turned the vehicle back meanwhile some of the persons fired at the vehicle out of which one bullet hit Ramesh Rajput's piercing the rear glass of the vehicle. They took Ramesh Rajput to hospital where the doctor declared him dead. Petitioner Uma Shankar had such a deadly attack done on them due to some financial dispute going on between him and Pawan Rajput. It has been learnt that the bullet was fired by co- accused Manish. On that police registered Crime No.3/2019 for the offence punishable under Sections 147 , 148 , 149 , 307 , 302 , 120-B , 34 of IPC read with Section 25 , 27 of Arms Act, 1959 against petitioner Umashankar and co-accused Manish and other unknown persons and investigated the matter.

(3.) During investigation, Police recorded the statements of Pawan Rajput and other witnesses and also collected the CCTV footage of the camera fitted at the petitioner Umashankar's office and nearby Pawan Khatik's Shop and call details of the cell phone of Pawan Rajpoot. From that, it was found that on the date of incident, at around 6 PM, when Pawan Rajput demanded his money due on petitioner Uma Shankar back, Uma Shankar and his employee co-accused Mohit and Manish abused Pawan on phone and also threatened to kill him. Thereafter said incident occurred when Pawan Rajput was going to Prem Nagar. It was also found that petitioner Uma Shankar and co-accused Mohit, Raju @ Rajendra Rajput, Subhash Sharma, Rahul Sharma, Anil, Raghavendra, Rajesh @ Collector, Mansingh, Raman Sharma, Mahesh Chaudhari were included in group of persons who had gathered on spot at the time of incident. They were present on the spot armed with weapons, So, police arrested them and after investigation filed charge-sheet against the petitioner and other co-accused persons.