DARSHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under section 482 of Cr.P.C., 1973 has been filed against the order dated 27/5/2014 passed by Fourth Additional Sessions Judge, Gwalior in Criminal Revision No. 70/2014 affirming the order dated 11/12/13 passed by the JMFC, Gwalior in Criminal Case No. 352/2012 by which the charge under Sections 182 and 211 of IPC has been framed against the applicant.

(2.) The necessary facts for the disposal of the present application in short are that the applicant had filed a private criminal complaint against one Yudhisthir Singh alleging that Yudhisthir Singh was earlier working as Superintendent of Police and after retirement, he had assured that he would help him in procuring job in the Police Department and took an amount of Rs. 50,000/-. The applicant waited for a period of six months and in the meanwhile Yudhisthir Singh assured him on various occasions that he would get the job. On 30/7/2006 when the applicant went to the house of Yudhisthir Singh for demanding his money back, at that time Yudhisthir Singh and Gajendra Singh abused him and humiliated and insulted him by calling him by his caste's name. When the applicant objected to the conduct of Yudhisthir Singh and Gajendra Singh, at that time Gajendra Singh slapped him. When the applicant still insisted that he would go back only after taking the amount, then again he was beaten by fists and blows by Yudhisthir Singh and Gajendra Singh and he was pushed out of the house. A complaint was made to Police Station Kampoo, District Gwalior, but as Yudhisthir Singh was a retired Superintendent of Police, therefore, no action was taken and accordingly a complaint under Sections 420, 406, 323, 294, 506-B of IPC and under section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was filed. The Magistrate passed an order under section 156 (3) of Cr.P.C., 1973 and accordingly the matter was investigated by Dy. SP, AJK, Gwalior and after concluding the investigation, a closure report was filed, which was accepted by the Magistrate.

(3.) It is submitted that thereafter a criminal complaint was filed by the SHO, Police Station Kampoo, District Gwalior for offence under Sections 182 and 211 of IPC. The Magistrate by order dated 11/12/2013 framed charge under Sections 182 and 211 of IPC against the applicant.