RAJEEV KUMAR DUBEY,J. -
(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing the proceedings of Special S.T. No.46/2015 (SCATR No.20048/2015) arising out from the charge-sheet filed by the police after investigation of Crime No.1696/2014 registered at P.S. Betul for the offences punishable under Sections 147, 148, 149, 307, 302 of the IPC and 3(2)(v) of SC/ST(Prevention of Atrocities) Act 1989 and also to set aside the order dated 17/07/2019 passed by Special Judge, Atrocity Act, Betul, in Special S.T. No.46/2015 (SCATR No.20048/2015) whereby learned Special Judge framed the charges against the applicant for the offences punishable under sections 148, 302 in alternate 302 read with 149, 307 in alternate 307 read with 149 of the IPC and 3(2)(v) of SC/ST(Prevention of Atrocities) Act 1989.
(2.) Brief facts of the case which are relevant to the disposal of this petition are that on 22/11/2014 complainant Bheem, brother of deceased Jitesh lodged an F.I.R. at Police Station Betul averring that he resided at Sweeper Mohalla Betul, Distt. Betul and works in the Municipal Committee Betul. He had gone alongwith his brother Jitesh to the temple for worshiping at around 12.30 p.m. and when they were on the temple, Rinku Rathore, Ankit Dixit (present applicant), Dabbu Mishra, Guni and Kaifi Musalman came there on three motorbikes and they had fired at his brother Jitesh and on him. All these persons were having guns in their hands. In the firing, his brother Jitesh sustained a gunshot injury on his chest and after firing, applicant Ankit Dixit & co-accused Rinku Rathore, Dabbu Mishra, Guni and Kaifi Musalman ran away on their bikes. At the time of the incident, Ganesh and Gautam were also present on the spot and they also saw the incident. On that, police registered Crime No.1696/2014 at P.S. Betul, Distt. Betul for the offences punishable under Sections 147, 148, 149, 307 and 302 of the I.P.C. and Sections 25 and 27 of the Arms Act and also Section 3 (2) (v) of SC/ST(Prevention of Atrocities) Act 1989 against the applicant and other coaccused persons and investigated the matter. Ashok Dixit, father of the present applicant lodged a complaint through higher police officials that his son was falsely implicated in this case due to enmity. On that, S.P. AJK, Bhopal inquired of that complaint and found that at the time of the incident, the applicant was at Indore. He was not on the spot, so police did not file charge sheet against the present applicant and only filed the charge sheet against the other co-accused persons namely Kaifi Musalman @ Golu, Guni @ Aman, Vinod @ John, Rinku @ Rahul and Dabbu Mishra @ Anurag before learned JMFC Betul and also filed charge sheet against co-accused Salim and Devendra @ Premraj who was juvenile before Juvenile Justice Board. Learned JMFC committed the case to the court of special Judge. On that charge sheet Special S.T. No.46/2015 (SCATR No.20048/2015) was registered. Learned Special Judge framed charges against the co-accused Kaifi Musalman @ Golu, Guni @ Aman, Vinod @ John, Rinku @ Rahul and Dabbu Mishra @ Anurag for the offences punishable under Section 148, 302 in alternate 302 read with 149, 307 alternate 307 read with 149 of IPC and 3(2)(v) of SC/ST(Prevention of Atrocities) Act 1989 and tried the case. During the trial, learned trial Court recorded the statements of eyewitnesses of the incident namely Bheem, Neelesh and Suraj and vide order dated 25/3/2017 took cognizance against the applicant under Section 319 of the Cr.P.C. On that, applicant filed an appeal (Cr.A.No.3740/2017) to quash that order which was rejected by the Coordinate Bench of this Court vide order dated 27/06/2018. Against which applicant filed special leave to appeal (Crl.) No.6841/2018 before Hon'ble Apex Court which was also dismissed. Thereafter, the applicant appeared before the trial Court. On that vide order dated 17/07/2019 learned trial Court framed charges against the applicant for the offences punishable under sections 148, 302 in alternate 302 read with 149, 307 in alternate 307 read with 149 of the I.P.C. and 3(2)(v) of SC/ST (Prevention of Atrocities) Act 1989. Being aggrieved by that order, applicant filed this petition.
(3.) It is pertinent to mention here that when applicant appeared before the trial court prosecution evidence against other co-accused namely Kaifi @ Golu, Guni @ Aman, Jhon, Rinku @ Rahul and Dabbu @ Anurag had been concluded, so learned trial Court separated the trial of applicant and passed the judgement against above-mentioned co-accused persons on 17/10/2019 and in that judgement learned trial Court acquitted co-accused Kaifi @ Golu, Guni @ Aman and Dabbu @ Anurag, but found co-accused Rinku @ Rahul Rathore guilty for the offence punishable under Section 302 of the IPC and Jhon @ Vinod under Section 302 read with Section 34 of the IPC and sentenced them to undergo life imprisonment with fine of Rs.1,000/- each with default clause. On the basis of that judgement applicant filed this petition to quash the criminal proceedings pending against him.;