RAMASHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this petition under Section 397 r/w Section 401 of the Cr.P.C., being aggrieved by the order dated 31.07.2017 passed in Criminal S.T.No.82/2017 by the Sessions Judge, Panna, whereby charge framed against all applicants for the offence punishable under Section 294, 333/34, 332/34, 427/34 and 506(2) of the I.P.C.

(2.) Facts giving rise to this revision, in short, are that all applicants on 20.03.2017 were sitting on the tractor to which attached trolley was filled with sand. The injured are the public servants working in the police department got information that sand was being illegally transported. He reached on the spot and stop the tractor and asked for papers but instead giving papers, all applicants assaulted on the victim with stick and started beating him. The independent person reached on the spot and all applicants fled away with tractor and trolley from the spot. Victim constable Jitendra lodged a report in the Police Station, Dharampur and Crime No.42/2017 registered against the applicants. Both the injured victims, Rajesh and Jitendra sent for medical examination. Rajesh sustained grievous injury, there was dislocation in the bone. The Investigating Officer recorded statement of both the victims as well as statement of the independent Vijay Sharan Dwivedi and Siddha Gopal Kori and other witnesses. After completion of investigation, charge-sheet has been filed before the JMFC and after committal of case handed over to the Sessions Court for trial and registered as S.T.No.82/2007. Learned trial Court after providing opportunity of hearing to the applicants framed charge against applicants for the offence punishable under Section 294, 333/34, 332/34, 427/34 and 506(2) of the I.P.C. vide order dated 31.07.2017.

(3.) Being aggrieved by that order, applicant filed this revision for quashing of the charge framed against him on the ground that the applicant was having a valid license, permit for transporting the sand. Victim were demanding money, when the applicant denied to provide illegal money, they got annoyed and started beating and during the scuffle between them, complainant received injury. Applicants have falsely been implicated in the case. There is no material on record to made out the ingredients of the charge and prays for quashment of the charge and criminal proceedings arises thereupon.