GYANESH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 17/07/2018 passed in Sessions Trial No.142/2016 by 1st Additional Sessions Judge, Gadarwara, Distt. Narsinghpur whereby learned trial Court framed charges against the applicant as well as other accused for the offence punishable under Sections 148, 342/149, 332/149, 333/149, 427/149 and 506 Part-II/149 of IPC, the applicant praying to quash the charges framed against him.

(2.) The facts given rise to this petition in short are that one Sandeep Silawat died. There was quarrel between Sandeep and Dinesh, report lodged by both parties against each-other. As per allegation, Dinesh committed suicide. Applicant along with other co-accused gathered at the Police Chowki, Salichouka, Police Station Gadarwara, Distt. Narsinghpur with dead body of Sandeep, surrounded Police Chowki and started abusing Police personnel who were on duty at Police Chowki, obstructed their work and beat Police personnel by stick and pieces of stone and damaged the furniture of the Police Chowki. Incharge of Police Chowki was badly beaten by applicant and other co-accused. Constable-Akhilesh Sharma and others came over there and rescued Police personnel. Police Chowki was captured by the applicant and other co-accused. Constable Akhilesh Sharma wrote down Dehati Nalisi and sent it to the Police Station Gadarwara where Crime No.344/2007 has been registered against the applicant as well as other co-accused for the offence punishable under Sections 147, 148, 323, 332, 342, 427 of IPC. After completion of investigation, charge sheet has been filed before the Court of JMFC, Gadarwara against the applicant. The Court of JMFC framed charges against the applicant as well as other co-accused persons.

(3.) Being aggrieved by that framing of charge, applicant has filed this revision on the ground that deceased-Sandeep was subjected to physical and mental atrocities by the Police. S.D.M., Narsinghpur conducted an enquiry of the death of Sandeep. To protest the death of deceased-Sandeep due to Police atrocities, mob gathered and assaulted the Police personnel. Police without conducting any fair enquiry and in order to protect itself, lodged FIR against 16 persons including applicant and registered Crime No.344/2007 and submitted charge sheet against the applicant as well as other co-accused. Police has concocted and fabricated the statement of witnesses, suppressed the material facts. The applicant was not having any deadly weapon with him. He was charged under Section 148 of IPC. There is no prima facie evidence of wrongful confinement, use of criminal force, causing of grievous injuries to the Police personnel, to create any kind of mischief for damaging property and threatening to Police personnel. In spite of that, Police wrongly registered a case and the Court of JMFC wrongfully framed charges against the applicant. The Court of JMFC committed illegality, irregularity and perversity in framing the charge, therefore, prays for setting aside the charges framed against the applicant and to discharge him.