DHRUV SINGH Vs. SHYAMLAL

JUDGEMENT

(1.) The applicants have preferred this criminal revision under Section 397/401 of the Code of Criminal Procedure seeking quashment of the order dated 10.8.2010 passed by 1st Additional Sessions Judge, Sehore in Sessions Trial No. 104/2009 whereby charges for the offences under Sections 323, 436, 447 and 392 r/w. Section 34 of the IPC have been framed against them.

(2.) Facts giving rise to this petition are that respondent no. 1 filed a complaint against the applicants before the court of JMFC, Sehore for taking cognizance under Sections 447, 435, 323 and 325 of the IPC alleging therein that the applicants are the employees of the Forest Department and respondent no. 1 by caste 'Korkua' is a member of Scheduled Caste community and he is a poor person. Hence, he occupied three acres of open land and made it useful for agricultural purposes and under the law he became owner of the said land. The applicants without any authority abused his son Pramod and his wife Saraswati and also beaten them and set ablaze their hut (Taparia) and compelled his son Pramod to drink urine of them and demanded Rs. 5000/- for not registering criminal case against him and they also taken away his two cocks worth Rs. 800/- with them. With regard to this incident, a report was made to the Police Station AJAK, Sehore on 14.7.2008 and his son Pramod was medically examined but thereafter, no action was taken against the applicants. Hence, on 5.8.2008 a complaint was filed before the concerned court below and after taking statements of the complainant/respondent no. 1, son Pramod and daughter-in-law Saraswati and Rahul, another son of the complainant, cognizance has been taken against the applicants and the case has been committed to the court of Additional Sessions Judge, Sehore who after hearing the parties, has framed charges for the offence punishable under Sections 323/34, 436/34, 447/34 and 392/34 of the IPC against the applicants by order dated 10.8.2010 which is under challenge.

(3.) On behalf of the applicants it is submitted that on 28.6.2008, Sarpanch of Gram Panchayat, Imlikheda informed the Forest officers, Forest Range, Sehore regarding encroachment on the forest land by respondent no. 1 and his family and also for creating nuisance. Thereafter, applicants no. 1 and 3 initiated eviction proceeding against respondent no. 1 who was found encroacher on the forest land and on 12.7.2008 encroachment was removed and a criminal case was registered against them and in accordance with law, charge sheet has been filed. On behalf of respondent no. 1 and his family a complaint was made against the applicants to the DSP, AJAK, Sehore, upon which, an enquiry was made and the complaint was found to be false one. During the enquiry, number of independent witnesses were examined. They had not supported the version of the complainant and it was a counter blast of the proceeding initiated against the complainant party. The aforesaid facts were brought to the notice of the trial court but the trial court has mechanically ignored the same and also rejected objection of the applicants with regard to applicability of section 197 of Cr.P.C., 1973 as the complaint/application has been filed without taking sanction from the State Government against the applicants as the allegations are squarely covered in purview of discharging their official duty. Hence, the order of learned trial court is not sustained. Hence, the revision be allowed and the applicants be discharged.