KAMAL RANA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision has been filed under section 397/401 of Cr.P.C. against the order dated 9.7.2018 passed by ASJ, Jawad, District Neemuch whereby charges under section 395 r/w sec. 397, 307/149 of IPC have been framed against the applicant.

(2.) As per prosecution story, on 19.07.2015 complainant Ayub Khan lodged a Dehati Nalishi report before P.S. Jawad, District Neemuch that his relative Tayyub Khan is licensee contractor of poppystraw at village Shyampura Golai, Thana AJK where there is a godown of poppystraw looked after by security guards. As per the complaint, in the midnight on 19.07.2015, 30-40 persons came with deadly weapon and fired gunshot injuries to security guards. However, their attempt to commit loot of poppystraw was failed as security guard fired back. Complainant raised a suspicion over the applicant-Kamal Rana as attempt to loot was carried out at the behest of Kamal Rana with whom complainant had old rivalry.

(3.) Police thereafter arrested co-accused persons and recovered fire arms and other weapons from them. Applicant could not be arrested. Arrest warrant was issued against him and subsequently he was arrested. After investigation chargesheet was filed under the provisions of section 395, 397, 307/149 IPC as also under section 25/27 of the Arms Act.