JITENDRA VAJPAI Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition under section 397/401 of the Code of Criminal Procedure 1974 preferred by the petitioner/accused is directed against an order dated 17th March 2011 passed in Sessions Case No. 21/2010 by the Special Judge (Dacoity), Bhind (M.P.), framing thereby the charges against the petitioners/ accused for commission of offence punishable under section 394 read with section 397 of IPC, in alternative under sections 394 and 450 of IPC read with section 13 of the MPDVPK and in alternative under section 458 of IPC read with section 13 of the MPDVPK Act.

(2.) The facts in short, just for the decision of this petition are that on 1st January, 2010 at about 21.15 hours at Pustak Bazar Bhind, accused Jitendra Bajpai @ Kallu, Brajendra Bajpai @ Bantu alongwith two unknown persons went to the shop of complainant Raj Kumar Jain, on motorcycle and in a jeep and asked the complainant to handover vacant possession of the shop and house. When the complainant objected to it, they entered into his shop by breaking the lock open of the shutter and tried to forcibly occupy it. THEy also took the box kept in the shop having emergency Glass worth Rs. Twenty thousand. It is alleged that there was a civil dispute over the shop between the complainant and the accused and the suit was decreed in favour of accused Brajendra Bajpai against which, the complainant preferred an appeal and moved an application for staying the proceeding of eviction, which is stated to be pending before the civil Court. On the report of the complainant, an FIR was lodged and after investigation the charge-sheet was filed before the Special Court Bhind. In trial, the trial Court framed the charges against the petitioners-accused for commission of offences mentioned above, hence this revision.

(3.) Heard the learned counsel for the parties and also perused the copies of the charge-sheet filed with the revision including applicability of law to the case.