VIKAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first Criminal appeal filed on behalf of appellant U/S.14(A)(2) of SC and ST (Prevention of Atrocities) Act, 1989 in connection with Crime No.278/2024 registered at Police Station Barwani under Ss. 294, 341, 323, 506, 147, 148, 149, 427 of IPC and 3(1)(r), 3(1)(s), 3(2)(va) of SC and ST Act.

(2.) As per prosecution case, on 25/4/2024, complainant respondent no.2 lodged FIR to the effect that complainant was going to Kalyanpura on his motorcycle with bag full of soaps. It is alleged that at around 04:00 PM, complainant reached Koydiya Khodra near the fields of Nainaji Sirvi, a Bolero car overtook his motorcycle and two persons appellant nos.1 and 2 came out of Bolero vehicle and asked the complainant that he is transporting illegal liquor. It is further alleged that applicant no.3,4,5,6,7 also came out of another Bolero vehicle and started using filthy language and started assaulting the complainant. On the basis of above instant FIR came in to existence.

(3.) Counsel for the appellants submits that after registration of FIR, the appellants were served with notice under Sec. 41-A of Cr.P.C as per the direction of the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014)8 SCC 273. They have co-operated with the investigation. After investigation, the charge sheet is filed and the appellants are in jail since 4/5/2024.