SEETARAM RAGHUVANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of Cr.P.C. for quashing First Information Report No. 327/2016 under Sections 279, 307, 34 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and entire consequential proceedings pending.

(2.) Learned counsel for the petitioner submits that the petitioner has not committed any offence. He has been falsely implicated only on the basis of memorandum of co-accused Chain Singh under Section 27 of the Evidence Act. The statement of co-accused Chain Singh was recorded under Section 27 of the Evidence Act is not admissible against the petitioner. It is further submitted that FIR was lodged by the complainant, wherein, name of the petitioner has not been reflected in the FIR as well as statement under Section 161 of Cr.P.C. Due to previous enmity, the petitioner has been falsely implicated in the case. Hence, prima facie, no offence is made out against the petitioner. Learned counsel for the petitioner relying on the judgments in the cases of Bhoorelal v. State of M.P., [2008 (2) M.P.L.J. (Cri.) 271] and Gajju alias Gajendra Singh v. State of M.P. passed in Cr.R.No. 410/2013 decided on 28.04.2014 submits that only on the basis of memorandum of co-accused under Section 27 of the Evidence Act, petitioner cannot be made accused in this case. Hence, prayed that First Information Report No. 327/2016 registered by Police Station Basoda Dehat, District Vidisha under Sections 279, 307, 34 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and entire consequential proceedings be quashed. However, learned counsel for the petitioner in alternative has submitted that a direction for fair investigation be issued to the respondent No. 1/State.

(3.) Learned Panel Lawyer for the respondent No. 1/State opposed the prayer and submitted that the offence has been registered against the petitioner under Sections 279, 307, 34 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The investigation is still pending. It is further submitted that Test Identification Parade of the petitioner is to be conducted. Hence, he prayed for rejection of the petition filed under Section 482 of Cr.P.C.