DHARMENDRA AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is directed against the order framing charges passed by the learned 16th Additional Sessions Judge, Indore in Session Trial No.738/2014 dated 03.09.2015 whereby the learned Additional Sessions Judge framed charges under Sections 307, 147, 148, 149 of IPC and Section 25/27 of Arms Act.

(2.) The brief facts relevant for disposal of this application are that the incident took place on 24.03.2014. The complainant is a member of Bihar Vikas Samitee, Yadav Palace, Banganga. Samitee purchased two plots in Yadav Palace Colony measuring 1200 sq.ft. in all from one Jagjivan. The accused Manoj Karosiya claimed possession over the property and he was threatening the members of the Samitee that the plot belonged to him and when the Samitee started construction of a community hall over the property, he came there and used abusive language against them. About 32-40% gathered on the spot and looking to them, the accused persons went away. Subsequently, at about 9:30 in the night, he came on the spot armed with fire arms along with other accused persons. Accused Santosh Thakur fired gun shot over the members, however, no one was hurt. Subsequently, the persons gathered on the spot tried to chase them away and during the chaos, somebody hit on head of Ranjeet by a wooden plank. The complainant was hit by a stone and while they were fleeing away another shot was fired.

(3.) Learned counsel for the State while supporting the impugned order prays that the charges framed by learned Additional Sessions Judge are correct and do not require any interference by this Court.