O R D E R

(Passed on 21.10.2021 )

Applicant/accused has filed the present revision under section

397 Cr.P.C against the order dated 5.4.2021 whereby learned A.S.J, Nagda, district Ujjain has framed the charges under sections 147, 148, 149, 307, 452, 427 IPC and section 30 of the Arms Act.

2. The prosecution story in nut shell is as under , (i) The complainant Ruvabddin Khan has lodged an FIR on

01.11.2016 in the police station Nagda, Ujjain against the applicant and 19 others alleging that on 31.10.2016 at p.m he along with Sarvesh Singh Kushwah, PSO and Ravindra Kumar PSO went to meet Shri Kundanmal Guide Tailor, r/o Gali No.3, Prakash Nagar, Jhirniya on the day of Deepawali. He was sitting inside the house along with PSO and Kundanmal, other PSO Ravindra Kumar was standing outside the house. All of a sudden the applicant Bherulal Tank alongwith Dharmesh Tank, Kapil Tank, Mayur Tank, Raju Tank, Ankit Tank, Ankit Yadav, Laxman Singh Shekhawat, Motisingh Shekhawat, Prakash Nai, Sandeep Kachawa, Rahul Yadav, Kanhiya, Monu Sindhi, Mukesh Jaiswal, Montu, wife of Bherulal, mother of Bherulal Tank, Vivek Sharma Gas Agencywala and 20-25 others came inside the house. Bherulal Tank was carrying a pistol in his hand and told him that he is a leader of the Muslim community and now wants to become a leader of the Hindu community, today he would finish him and direct others to assault him. Bherulal and his associates started assaulting him with kicks, fists and sticks. The PSO Sarvesh Singh Kushwah came to rescue him, Bherulal fired a gunshot but no one sustained any injury. Dharmesh Tank has snatched the carbine from the PSO and gave it to the wife of the applicant. By that time Ravindra Kumar, PSO came inside the room and Bherulal pointed revolver. Mayur Tank gave a blow by stick, Kapil Tank gave a blow by stick on his head and they assaulted the PSO also. By that time ASI Bapusingh Bamaniya and other police forces came and rescued them. He was sent to the Govt. Hospital for treatment from where he was referred to Ujjain. The police registered an FIR by name under sections 147, 148, 149, 307, 452, 427 IPC against the applicant and 20 others. The police reached the spot, prepared the Nuksani Panchnama, recorded the statements of the witnesses, arrested the accused persons and recorded their 27 memorandum statements recorded under section 27 of the Evidence Act. This applicant along with Mayur Tank was arrested on 2.1.2017 and a revolver with five rounds of live cartridges was recovered. Thereafter section 30 of the Arms Act was also added. The revolver was sent to the FSL for the ballistic examination. The police recorded the 161 statements of other accused and found that they were not present on the spot but their names have wrongly been recorded in the FIR. The State Forensic Lab, Sagar sent a ballistic report dated 7.4.2017 to S.P Ujjain and according to which the revolver is in working condition and there is evidence of using this pistol in the past but the duration cannot be determined. One test bullet was fired from the seized revolver in order to check its working condition. Before filing the charge sheet the S.P has obtained a detailed report from the SHO, Nagda. As per the said report dated 2.12.2020 the permission was sought for filing charge sheet against the applicant, Ankit Tank, Sandeep Kachwaha, Kanhaiyalal, Monu Thakur, Mayur Tank and Vivek Sharma only and the names of others have been dropped. The SHO has opined that the other accused have been named in the FIR because they were associated with the Hindu organization. After completion of the investigation, the charge sheet was filed on

7.12.2020.

3. The applicant has filed an application for anticipatory bail before this Court which was allowed by this Court. Thereafter the complainant applied for cancellation of the bail vide MCRC No.1890/2017 but the same had been dismissed vide order dated

20.9.2017.

4. The applicant and others have filed an application under section 227 of t