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2017 Supreme(MP) 34
IN THE HIGH COURT OF MADHYA PRADESH
G.S. Ahluwalia, J.
Balveer Singh Dandotiya and others v. State of M.P. and another
Miscellaneous Criminal Case No.12928 of 2015 (Gwalior) : against the order dated 3.1.2009 by which cognizance taken against applicants; Decided on 19.1.2017.
Vaibhav Shrivastav with V.D. Sharma for applicants;
Girdhari Singh Chauhan, Public Prosecutor for respondent No.1/State;
Pradeep Katare for respondent No.2.
Headnote:Criminal P.C., 1973 -- Ss.482, 200, 202, 210(2), 244, 225, 226, 227 and 228 -- Penal Code, 1860 -- Ss.395, 324/149, 341, 294, 324, 323/34, 392, 392/149 -- M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 -- Ss.11, 13 and 8 -- offence under -- some applicants charge sheeted -- charges also framed under -- proceedings challenged by earlier petition under section 482 of Code, 1973 -- dismissed with direction to proceed further as per provisions of section 210(2) of Code, 1973 -- order dated 18.5.2010 was also impliedly affirmed with liberty to point out procedural illegality -- applicants cannot be allowed to reagitate same grievance again by filing successive petitions -- in absence of challenge to order dated 15.9.2015 and other provisions -- trial Court not committed any procedural illegality while framing charges against applicants -- petition dismissed.
Held : In absence of challenge to order dated 15.9.2015 passed by the trial Court and in view of the provisions of section 210 of CrPC and section 8 of MPDVPK Act, this Court is of the view that the trial Court has not committed any procedural illegality while framing charges against the applicants. Accordingly, this petition fails and is hereby dismissed.
naM izfdz;k lafgrk] 1973 & /kkjk 482] 200] 202] 210¼2½] 244] 225] 226] 227 rFkk 228 & naM lafgrk] 1860 & /kkjk 395] 324@149] 341] 294] 324] 323@34] 392] 392@149 & e-iz- MdSrh vkSj O;igj.k izHkkfor {ks= vf/kfu;e] 1981 & /kkjk 11] 13 rFkk 8 & ds v/khu vijk/k & dqN vkosndx.k ds fo:} vkjksi i= nkf[ky & mica/k ds v/khu vkjksi Hkh fojfpr & lafgrk] 1973 dh /kkjk 482 ds v/khu iwoZ ;kfpdk }kjk dk;Zokgh vk{ksfir & lafgrk] 1973 dh /kkjk 210¼2½ ds mica/k ds vuqlkj vkxs dk;Zokgh djus gsrq funs'k ds lkFk [kkfjt & vkns'k fnukad 18-5-2010 Hkh izfdz;kRed voS/krk crkus dh Lora=rk ds lkFk foof{kr :i ls laiq"V fd;k x;k & vkosndx.k dks mrjksRrj ;kfpdk,a izLrqr dj mlh f'kdk;r dks fQj ls mBkus ds fy, vkKk ugha nh tk ldrh & vkns'k fnukad 15-9-2015 ds vkns'k dks rFkk vU; mica/kksa dks vk{ksfir u djus ls & fopkj.k U;k;ky; us vkosndx.k ds fo:} vkjksi fojfpr djus eas dksbZ izfdz;kRed voS/krk dkfjr ugha dh & ;kfpdk [kkfjtA
vfHkfu/kkZfjr % fopkj.k U;k;ky; }kjk ikfjr vkns'k fnukad 15-9-2015 ds vk{ksfir gksus dh vuqifLFkfr esa rFkk naM izfdz;k lafgrk dh /kkjk 210 ds rFkk e-iz- MdSrh vkSj O;igj.k izHkkfor {ks= vf/kfu;e dh /kkjk 8 ds mica/kksa dks ns[krs gq, bl U;k;ky; dk ;g er gS fd fopkj.k U;k;ky; us vkosndx.k ds fo:} vkjksi fojfpr djus esa dksbZ izfdz;kRed voS/krk dkfjr ugha dhA rn~uqlkj ;g ;kfpdk vlQy gksrh gS rFkk ,rn~}kjk [kkfjt dh tkrh gSA
1. This petition has been filed under section 482 of CrPC against the order dated 3.1.2009 by which the cognizance was taken against the applicants and against the order dated 18.5.2010 by which charges under sections 395, 324/149 of IPC and under sections 11, 13 of MPDVPK Act were framed and also for quashing the entire criminal proceedings pending against the applicants.
2. The facts necessary for the disposal of this case are that on 24.5.2008, the respondent No.2 Devendra Dandotiya lodged a report in Police Station Kotwali, Morena against the applicants and other co-accused persons alleging that there is an election enmity between him and Balveer Dandotiya and because of that he was having personal grudge against the respondent No.2. Today, i.e., 24.5.2008 when he was coming back to his house along with one Lalla on his motorcycle from warehouse road and when he reached in front of Bunty Street, there Balveer Dandotiya, who was armed with gun, Radhe who was armed with farsa, Shanti, who was armed with iron rod, Devendra, Ajay were armed with lathis and Manua and Gopal Dandotiya were empty handed surrounded him and started abusing. When the complainant objected to such an act, then Radhe Dandotiya with an intention to kill the complainant caused an injury on his head by means of farsa, as a result of which, he sustained injury on the back of his head and blood started oozing out. Shanti caused an injury by iron rod on his left shoulder, Devendra caused a lathi injury on his left shoulder, Balveer Dandotiya assaulted by the butt of gun, as a result of which, he sustained injury on his jaw. Second blow was given by Balveer by the butt of gun on his chest, Manua, Gopal and Ajay caught hold of him and started assaulting him by fists and blows, as a result of which, he sustained injury on his body. During quarrel his chain and money also fell down. Lalla went to his house in order to call his brother. The incident was witnessed by Bharat and Tinku Dandotiya. All of the accused were saying that today they have dealt with the complainant and now they will deal with his family members.
3. After conducting the investigation, the police filed a charge sheet on 22.9.2008 against applicant No.5, Manish Dandotiya, applicant No.6 Devendra Singh Dandotiya @ Lalla and applicant No.7 Ajay Dandotiya for offences punishable under sections 341, 294, 324, 323/34 of IPC. Further in view of the report given by SDO(P) Morena on 25.7.2008 to the effect that the applicant No.1 Balveer Singh Dandotiya, applicant No.2 Radhey Lal @ Radhe Shyam, applicant No.3 Shanti Lal and applicant No.4 Gopal Dandotiya were not present on the spot, therefore, they were not charge-sheeted.
4. On 25.8.2008, the respondent No.2 filed a criminal complaint against the applicants for offences punishable under sections 307, 294, 324, 147, 148, 149, 392 and 394 of IPC and under sections 11, 13 of MPDVPK Act. In support of the complaint, the complainant got the statement of himself and his witnesses recorded under sections 200 and 202 of CrPC. By order dated 3.1.2009, considering the allegations made in the complaint as well as the statements of the witnesses, the Court took cognizance of offences under sections 392, 392/149 of IPC and under sections 11, 13 of MPDVPK Act. Against the order dated 3.1.2009, a petition under section 482 of CrPC was filed before this Court which was registered as Miscellaneous Criminal Case No.1799/2009. The said petition was finally disposed of by this Court by order dated 24.9.2009 which reads as under :
“In the present case, police has already filed challan and the case is pending against the petitioner. In the facts and circumstances of the case, petition of the petitioner is disposed of with a direction that the learned Court below shall try the complaint case and the case arising out of the police report.”
Thus, considering the fact that after filing of the complaint, the police has already filed charge sheet against some of the accused per
