Madhya Pradesh High Court
Hariom @ Kallu Chourasiya vs The State Of Madhya Pradesh on 7 April, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
M.AT GWALIOR
CRA No. 3263 of 2022
(HARIOM @ KALLU CHOURASIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated 07.04.2022
Shri Rajendra Singh Yadav, Advocate with Shri Brajesh
Kumar Tyagi, Advocate, for the appellant.
Shri Anil Shukla, learned Public Prosecutor for the
respondent/State.
Shri Ratan Nigam, learned counsel for the complainant. Case diary of Crime No.22/2022 of Police Station Panihar, District Gwalior is perused.
As per registered F.I.R. at Crime No.22/2022, prosecutrix has submitted a computerized complaint before Police Station Panihar, District Gwalior but on going through the case diary, the said written complaint could not be located.
Previously, it is experienced that incomplete case diaries are submitted before this Court, due to which, great inconvenience is caused and time wasted. This Court time and again directed the learned Govt. Advocate to submit complete case diary. Despite that directions, case diaries are submitted in an incomplete stage.
Inspector General of Police, Gwalior, Chambal Range, is directed to instruct their concerned Superintendent of Police that 2 while submitting the case diary before the Court, they assured that complete documents are annexed with the case diary. In future, if this kind of irregularities will be found, stern action will be taken against Investigating Officer.
Present Criminal Appeal has been filed under Section 14-A(1) (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 11.03.2022 passed by Special Judge (Atrocities), Gwalior, whereby the application of the appellant under Section 439 of Cr.P.C. for grant of bail has been rejected.
Appellant is in custody since 04.03.2022 for the alleged offences registered at Crime No.22/2022 at Police Station Panihar District, Gwalior (M.P.) for the offence punishable under Sections 354-A, 342, 147, 148, 323, 294, 506, 307, 120-B of IPC and Sections 3(1)(A), 3(1)(R), 3(1)(S), 3(2)(va), 3(1)(W)(I), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC & ST Act").
In brief, the prosecution case is that on 23.02.2022 prosecutrix a married lady aged about 33 years resident of village Barai along with her mother-in-law presented a written complaint against accused Sarnam Kaurav, Dhammo Kaurav, Bhura Kaurav, Gautam Kamriya, Sanjay Kaurav and Vivek Sharma that in the morning 3 between 10.30 to 11 A.M., her husband called her to bring scooty at Panchayat Bhawan. As soon as she reached Panchayat Bhawan, from the hall of Panchayat Bhawan she heard the noise of crying. She enquired nearby person, who is crying. Somebody told her that "vk'kk ljuke ds yksx rqEgkjs ifr 'k'khdkar dh ekjihV dj jgs gS^^ she tried to open the gate. When the gate was opened, inside the room accused Asha, Dhamo, Bhura, Gautam, Sanjay Vivek and Sarnam Singh having danda and lathi and butt of iron gun,were assaulting her husband Shashikant. Due to which, her husband got injury. Everybody was abusing filthy languages of caste and saying that " vkSj vkj-Vh-vkbZ yxkvksA " when she intervened, they with the bad intention committed mar peet with her and they urinate in the mouth of her husband. When she cried, every one said that today he is surviving, in next time if he will file R.T.I. they will kill him. She brought her husband to G.H. Hospital, Gwalior, where husband was treated. On her report offence under Sections 354(ka), 342, 147, 148, 323, 294, 506 of IPC and 3(1)(ka), 3(1)(dha), 3(2)B-a, 3(1)w(I) of S.C. S.T. Act was registered at Police Station Panihar, District Gwalior. Four fractures were found on the body of husband of prosecutrix Shashikant. Statement of witnesses were recorded. Statement of prosecutrix were recorded on the same day i.e. 23.02.2022. In F.I.R. as well as statement recorded under Section 4 161 of Cr.P.C. on 23.02.2022 nowhere she has alleged about the appellant-accused Hari Om @ Kallu Chaursiya was present on the spot and committed the aforesaid offence. Thereafter, on 26.02.2022, she has stated along with the aforesaid persons, two persons were also present. She did not know their name. In between on 24.02.2022, her statement under Section 164 of Cr.P.C. were also she has not stated about the present appellant/accused. Statement of husband/injured were recorded on 28.02.2022 in which he he has named appellant-accused Kallu as assailant. Thereafter offence under Section 307 and 120-B of IPC was enhanced.
From the side of the appellant-accused, it was argued that injured is a habitual offencer. He is having eight criminal case at Police Station Panihar viz. Crime No.61/2002 offence u/s 324, 323, 34 of IPC, Crime No.144/2006 offence u/s 294, 509 of IPC, Crime No.62/2009, offence u/s323, 324, 504, 426, 34 of IPC, Crime No.79/2016 offence u/s 294, 277, 34 of IPC, Crime No.83/17, offence u/s 452, 323, 294, 506 of IPC, Crime No.78/18 of IPC, offence u/s294, 323, 506, 34 of IPC, Crime No.50/2020, offence under Section 294, 323, 506, 34 of IPC. Name of the present appellant-accused is not in F.I.R. in the statement of complainant. He has been falsely implicated. Previously present appellant has lodged a report against Shashikant in 2016 for which offence under 5 Sections 277, 294, 34 of IPC has been registered.
Per contra, State Counsel as well as the counsel for the complainant have vehemently opposed the application and prayed for its rejection.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the available case-diary.
Looking to the facts and circumstances of the case but without commenting upon the merits of the case, the application is allowed and it is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs.25,000/-(Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned on the dates fixed by the Court concerned.
He will present during trial before the trial Court on each and every date.
Office is directed to send a copy of this order to Inspector General of Police, Gwalior, Chambal range for compliance and necessary action.
Certified copy as per rules.
(Deepak Kumar Agarwal)
mani Judge
SUBASRI MANI
2022.04.07
19:28:45 -07'00'