ISHWAR SINGH MALVIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure has been preferred by the petitioner for recalling and modification of the order dtd. 11/7/2019 passed in Criminal Appeal No.5060/2019 by this court whereby certain directions have been given to the Collector, Guna to take action against the petitioner because of his alleged lapse in duties as Patwari Halka No.21, Tahsil Chachoda, District Guna.

(2.) From the facts, it appears that case was registered against the some accused persons for commission of offence under Ss. 294, 341, 147, 353/149, 506 of IPC and Ss. 3(1)(r)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, at the instance of the petitioner, who was working as Patwari at the relevant point of time. As per allegations, accused persons were causing illegal transportation of sand, when intercepted by the revenue authorities including Sub-Divisional Officer, Tahsildar and other officers then some accused came on the spot and caused interruption in the proceedings and forcibly taken away the tractor-trolley from the possession of revenue officers, also caused Marpeet with them and threatened the officials for dire consequences.

(3.) Petitioner was the complainant in the matter and on the basis of statement of petitioner, accused persons were arrested. During bail application under Sec. 439 of the Cr.P.C. filed by some of the accused persons namely Rameshwar and Vishnu Meena who were allegedly the main culprits and their names figured in the FIR, who were enlarged on bail vide order dtd. 8/7/2019 passed by the Special Judge, Guna in which as per allegations, petitioner gave an affidavit stating that those accused persons namely Rameshwar and Vishnu Meena were not present on the spot, in fact they tried to settle the dispute. Therefore, trial Court granted bail to them whereas bail application of another accused Satish was rejected. Being aggrieved by the said rejection order, accused Satish preferred Criminal Appeal No.5060/2019 under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act before this Court vide Criminal Appeal No.5060/2019 and this Court heard the matter on 11/7/2019 in which counsel for the appellant raised the point that affidavit has been given by the petitioner Ishwar Chand Malviya before the trial Court stating that those accused persons namely Rameshwar and Vishnu Meena were not present on the spot. It is further submitted that name of that appellant Satish did not figure in FIR still he is languishing in jail