NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1396 of 2016

1. Jaideep S/o Shyam Sundar Aged About 27 Years R/o Main Mar-

ket Kirandul, Tahsil Kuwakonda, Police Station Kirandul, District Dantewada, Chhattisgarh., 2. Yogesh S/o Shyam Sundar Aged About 25 Years R/o Main Mar-

ket Kirandul, Tahsil Kuwakonda, Police Station Kirandul, District Dantewada, Chhattisgarh.

---- Petitioners Versus

1. Dabbu @ Satvindar Singh S/o Late Aatma Singh Aged About 50 Years Caste Sikha, Rank- Ex- President Nagar Palika Parisad, Ki- randul, R/o Gurudwara Camp, Kirandul, Police Station And Tahsil Kirandul, District Dantewada.

2. M.K. Sadanandan S/o Late P.G. Sadanandan Aged About 50 Years R/o Railway Colony Kirandul, Tahsil- Kuwakonda, District Dantewada, Chhattisgarh.

3. Kevalchand Jain S/o Shri Mishrilal Jain Aged About 45 Years R/o Main Market Kirandul, Ex- Zone President, B.J.P., Kirandul, Tahsil Kuwakonda, District Dantewada, Chhattisgarh.

4. R.B. Singh Chouhan S/o Shri Sabal Singh Chouhan Aged About

58 Years R/o Chief Municipal Council OfÏcer, Nagar Palika Parisad, Kirandul, Police Station Kirandul, Tahsil Kuwakonda, Dis-

trict Dantewada, Chhattisgarh.

5. Shiv Kumar Singh Bhadouriya S/o Shri Harnam Singh Bhadouriya Aged About 47 Years Sub Engineer, Nagar Palika Parisad Kiran- dul, Police Station Kirandul, Tahsil Kuwakonda, District Dante-

wada, Chhattisgarh.

6. S.N. Patel S/o Shri Y.C. Patel Aged About 44 Years Revenue Sub Inspector, Nagar Palika Parisad Kirandul, Police Station Kirandul, Tahsil- Kuwakonda, District Dantewada, Chhattisgarh.

---- Respondents (Cause title taken from Case Information System)

For Petitioners : Mr. Akash Sahu, Advocate. For Respondents : Mr. Ritesh Verma, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

19.03.2024

1. The present petition seeks to challenge the order dated 22.032016 passed by the Session Judge South Bastar, Dantewada, in Criminal Revisions No. 05/20011 and 02/2011 respectively, arising out of order dated 30.11.2010 passed by Judicial Magistrate First Class- Bacheli, District- Dantewada (C.G.), in Criminal Case No. 09/2008, whereby, learned JMFC framed the charges under Section 456 of IPC only in place of offences under Section 456, 294, 427 and 120-B of IPC against the respondents.

2. Brief facts of the case are that the petitioners filed a complaint case before the Chief Judicial Magistrate, Dantewada, later on transferred to JMFC Bacheli alleging that Municipal Council Kirandul has allotted lodge and restaurant on Patta to the petitioners and its validity came to end on 13.10.1998, therefore, they again submitted application for renewal as on 15.10.1998 at about 8.00 p.m., the respondents came to the lodge along with police force and break the lock and entered in the house, thereafter, abused the petitioner and damaged the articles. Prima facie offence u/s 456, 395, 294, 427, 506, 323 & 120-B of IPC are made out. After recording the evidence of the complainant, learned the learned JMFC concluded that charge under Section 456 of IPC was made out against the respondents vide order dated 30.11.2010. The said order was challenged by the petitioners praying that the charges under Section 395, 294, 506, 427, 323 and 120-B along with 456 of IPC ought to have been framed. That, The respondents also filed a Criminal Revision which had been registered as Criminal Revision No. 02/2011 against the order dated 30.11.2010 who sought setting aside of the order framing charge against them under Section 456 of IPC. The learned Session Judge, Dantewada, heard both the cases together and passed the impugned order on 22.03.2016. Learned Session Judge dismissed the criminal revision of the petitioners and allowed the criminal revision filed by the respondents and acquitted them of the charges.

3. Learned counsel for the petitioners submits that the the trial Court could not understand that prima-facie case is made out under Sections 456, 395, 294, 427, 506, 323 and 120-B of IPC. At the stage of framing of charges, th