BHOLA PRASAD GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision has been filed under Section 397 read with Section 401 of Cr.P.C. (further referred as "Code") against the order dated 05/04/2019 passed by Special Judge (under the M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981), Satna (MP) in Special S.T.No.9/2019, whereby learned ASJ framed the charges against the applicant for the offence punishable under Sections 386 , 34 of the IPC and Section 11 read with Section 13 of the M.P. Dakaiti Aur Vypharan Prabhavit Kshetra Adhiniyam, 1981 (hereafter referred to as "the Adhiniyam").

(2.) Brief facts of the case are that the nephews of complainant Premlal Ravat namely Priyansh Rawat and Shreyansh Rawat were kidnapped on 12/09/2018. On 19/02/2019 at 10.30 a.m. Brajesh Kumar, brother of the complainant Premlal received a phone call on his mobile and the caller said he had information regarding their kids and asked them to come to Satna along with money after which he would free the children and if they did not give money, they would not get their children safe. On that, complainant Premlal his brother Brajesh Kumar along with Dharmendra Agnihotri went to the Satana. When they reached Rewa road, ahead of Satana, applicant Bhola and co-accused Vinod Kumar met them in a car and demanded Rs.10 lakh for returning their children safe. Brajesh Kumar told the applicant and co-accused Vinod Kumar that he did not have enough money to give them. On that applicant and co-accused took Rs.3,600/- from Brajesh Kumar which he had at that time. After getting money, when the applicant and co-accused proceeded further, they caught hold of them and produced them before the Police at Police Station Nayagaon and Premlal lodged the report of the incident at Police Station Nayagaon. On that report Police registered Crime No.30/2019 for the offence punishable under Sections 386 and 34 of the IPC and investigated the matter. After investigation, Police filed charge-sheet against the applicant and co-accused. On that charge sheet, special ST No.9/2019 was registered and vide order dated 05/04/2019 learned trial Court framed charges against the applicant and co-accused for the offence punishable under Section 386 and 34 of the IPC and Sections 11/13 of M.P. Dakaiti Aur Vypharan Prabhavit Kshetra Adhiniyam, 1981. Being aggrieved from that order, the applicant filed this revision.

(3.) Learned counsel for the applicant submitted that there is no direct evidence on record to show that the applicant and co-accused took money from Brajesh Rawat and threatened them to murder Priyansh Rawat and Shreyansh Rawat on failing to do so. In the FIR it is only mentioned that applicant and co-accused threatened complainant and his brother Brajesh Rawat to give them Rs.10 lac, if they wanted their children back safe. So the offence punishable under Section 386 of the IPC is not made out against the applicant. At the most, the offence punishable under Section 383 of the IPC is made out against the applicant. Likewise, the provisions of Sections 11 and 13 of the Adhiniyam is only attracted when a person committed dacoity, while it is not alleged against the applicant that the applicant committed dacoity, so offence under Sections 11 & 13 of the Adhiniyam also not made out against the applicant. Learned trial Court committed mistake in framing charges against the applicant for the offences punishable under Section 386 of the IPC and Section 11 & 13 of the Adhiniyam. So, applicant be discharged from the said charges.