ROOP SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C. for quashing FIR registered at Crime No.47/2009, for the offence punishable under Sections 302, 147, 148, 149, 323 of IPC as well as charge sheet filed before the JMFC, Bhind.

(2.) Brief facts of the petition are that petitioner Roop Singh has lodged the report at Police Station Pawai that a dispute regarding Med was going on between the complainant and Gambhir Singh and others and on account of it on 20.07.2009 Naresh Singh, Lakhan and Tahsildar have beaten his brother Shyam Singh. The report of this incident has not been lodged. On account of this enmity on 21.07.2009 at about 8:30 A.M complainant and his brother Shyam Singh were going to collect the Dund. As soon as they move towards Charbigha Khet, at that moment Udham Baba, armed with Chimta, Naresh Singh, and Jaipal Singh, armed with 12 bore gun, Lakhan, Jathon Singh, Gambhir Singh, Tahsildar Singh, Mevaram and Subedar Singh armed with lathi came there and started beating by means of lathi. Subedar has given lathi blow on the head. Mevaram has given lathi blow on right ear, Ramveer Singh, Gambhir Singh, Subedar and Tahsildar, Bhup Singh and Gajendra have given lathi blow on the complainant. When they proceeded towards their house father of the complainant Amar Singh and brother Kripa Ram came to rescue them, then Naresh, Lakhan and Jay Pal came there. Naresh fired from his 12 bore gun which hit Lakhan on his chest, as a result Lakhan fell down on the ground. Jaipal also fired two shot at Lakhan Singh, as a result of which Lakhan died. On this Dehati Nalisi was recorded and on the basis of the Dehati Nalisi FIR at Crime No.47/2009 for the offence punishable under Sections 302, 147, 148, 149, 323 of IPC has been recorded. However, the accused persons as mentioned in the report have not been arrested and no interrogation has been made. After recording false statement of some interested person the charge sheet has been filed against the petitioners. It is alleged that accused persons against whom FIR was lodged have been exonerated and the petitioners have been made accused for committing murder of their father. Being aggrieved of the same, this petition has been filed.

(3.) It is submitted by the learned counsel for the petitioners that the action of the respondent is bad in law, the case could not be registered against the present petitioners. Charge sheet has been filed in collusion with the accused persons. Prima facie the persons whose names have been mentioned in the FIR are real culprits as per material available on the record therefore, charge sheet ought to have been filed against them. Otherwise also it is unnatural that the sons have murdered their own father. In the incident all the petitioners have sustained injuries as they were beaten at the time of incident and their father have been been murdered, but police has not fairly and impartially investigated the matter. It is further submitted that no opportunity of hearing was afforded to the petitioners prior to the registration of the case against them. The action of the respondent tantamount to gross violation of the natural justice. Hence prayed for quashing of charge sheet against the petitioners.