RANVEER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present criminal revision u/S. 397 r/w 401 of CrPC has been filed, challenging the order dtd. 06/02/2020 passed by Additional Sessions Judge, Lahar, District Bhind (MP) in Sessions Trial No.09/2019, by which charges have been framed under Ss. 341, 294, 148, 307, in the alternative 307/149 (five counts), 427 IPC against all the revisionists- accused except revisionist No.1-accused and charges under Ss. 341, 294, 148, 307, in the alternative 307/149 (five counts), 427 IPC and Sec. 25(1B)(a) r/w Sec. 27 of the Arms Act have been framed against revisionist No.1.

(2.) Prosecution case, in short, is that on 24/11/2018 complainant Awadhesh lodged a Dehati Nalishi at Police Station Alampur, District Bhind alleging therein that on the date of incident i.e. 24/11/2018 at about 10:45 am, he had gone in his Scorpio vehicle along with Anirudh Pratap Singh, Ramu, Ashutosh Sharma, Kirat Singh Bhadoriya and Awdhesh Khan to Village Rurai for the purpose of public relations and when they reached near the house of Ranveer Singh (revisionist No.1), then all the accused persons obstructed the way by means of tractor.

(3.) Challenging the impugned order of framing charges, learned counsel for the revisionists submitted that the Court below did not appreciate the evidence and materials properly and committed grave error in framing charges against the revisionists. It is further submitted that as per the MLC reports, all the injured including complainant/victim were sustained simple injuries and nobody had sustained either any grievous injury or any firearm injury in the incident. The gunshot fire caused by accused Ranveer Singh (revisionist No.1) was hit at dis-board of the vehicle and it did not hit anybody. It is further submitted that the revisionists- accused cannot be prosecuted with the aid of Sec. 149 of IPC, as there was no common object or intention for committing murder of the complainant, therefore, prima facie no offence is made out against them u/S. 307 with the aid of Sec. 149 of IPC. At the most, the act done by accused persons so rashly or negligently as to endanger human life or personal safety of others, shall be punishable u/S. 336 IPC. Due to political influence, police has falsely registered the impugned FIR by roping them in criminal case. It is further submitted that a cross-case has been registered against the complainant party at the same Police Station vide Crime No.121/2018 for offence under Ss. 323, 294, 506, 147, 148, 188, 171(dha) of IPC and Sec. 133 of the Representation of People Act. Therefore, impugned FIR and other consequential criminal proceedings initiated thereof deserve to be quashed.