JUDGMENT

Rajeev Kumar Shrivastava, J. - Present criminal revision u/S. 397 r/w 401 of CrPC has been filed, challenging the order dated 06/02/2020 passed by Additional Sessions Judge, Lahar, District Bhind (MP) in Sessions Trial No.09/2019, by which charges have been framed under Sections 341, 294, 148, 307, in the alternative 307/149 (five counts), 427 IPC against all the revisionists- accused except revisionist No.1-accused and charges under Sections 341, 294, 148, 307, in the alternative 307/149 (five counts), 427 IPC and Section 25(1B)(a) r/w Section 27 of the Arms Act have been framed against revisionist No.1.

2. Prosecution case, in short, is that on 24/11/2018 complainant Awadhesh lodged a Dehati Nalishi at Police Station Alampur, District Bhind alleging therein that on the date of incident i.e. 24/11/2018 at about 10:45 am, he had gone in his Scorpio vehicle along with Anirudh Pratap Singh, Ramu, Ashutosh Sharma, Kirat Singh Bhadoriya & Awdhesh Khan to Village Rurai for the purpose of public relations and when they reached near the house of Ranveer Singh (revisionist No.1), then all the accused persons obstructed the way by means of tractor.

When they told the accused persons to remove the tractor, all the accused persons abused them in filthy languages and when they objected not to abuse them, accused Ranveer Singh fired from his ''Katta'' which hit at the dis-board of the vehicle and other co-accused persons also committed ''marpeet'' by means of lathi by which, the companions of the complainant, namely, Ashutosh Sharma and Ramu alias Rampratap were sustained injuries on their hands and legs. Other companions of the complainant, namely, Kirat Singh Bhadoriya, Anirudh Pratap Singh and Awadhesh Khan ran away from the spot in order to save their life and thereafter, all the accused persons surrounded the complainant and also committed ''marpeet'' with him. On the basis of which, the aforesaid FIR has been registered. Thereafter, the matter was investigated and after completion of investigation and other formalities, police filed challan before the Court below and vide impugned order, charges against accused revisionists have been framed as mentioned in para 1 of this order. Being aggrieved, the present revision has been filed at the instance of revisionists.

3. Challenging the impugned order of framing charges, learned counsel for the revisionists submitted that the Court below did not appreciate the evidence and materials properly and committed grave error in framing charges against the revisionists. It is further submitted that as per the MLC reports, all the injured including complainant/victim were sustained simple injuries and nobody had sustained either any grievous injury or any firearm injury in the incident. The gunshot fire caused by accused Ranveer Singh (revisionist No.1) was hit at dis-board of the vehicle and it did not hit anybody. It is further submitted that the revisionists- accused cannot be prosecuted with the aid of Section 149 of IPC, as there was no common object or intention for committing murder of the complainant, therefore, prima facie no offence is made out against them u/S. 307 with the aid of Section 149 of IPC. At the most, the act done by accused persons so rashly or negligently as to endanger human life or personal safety of others, shall be punishable u/S. 336 IPC. Due to political influence, police has falsely registered the impugned FIR by roping them in criminal case. It is further submitted that a cross-case has been registered against the complainant party at the same Police Station vide Crime No.121/2018 for offence under Sections 323, 294, 506, 147, 148, 188, 171(dha) of IPC and Section 133 of the Representation of People Act. Therefore, impugned FIR and other consequential criminal proceedings initiated thereof deserve to be quashed.

4. Per contra, learned State Counsel as well as counsel for the complainant supported the impugned order of framing charges and submitted that prima faci