PUNIT TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant Criminal Revision application takes exception to the order dated 03.10.2016 passed by V Additional Sessions Judge, Vidisha in Sessions Trial No. 64/2016, whereby the application filed by the present applicant under Section 227 of the Code of Criminal Procedure, 1973 seeking discharge from the offences alleged against him punishable under Section 148, 323, 323/149, 294, 307 and 307/149 of IPC has been dismissed.

(2.) The prosecution story which has led to filing of the present revision application is that on 08.11.2015, at around 6.30 PM, the complainant, Vikas Tiwari was passing by near Manohar Talkies, when the applicant along with other persons came and started hurling abuses towards the complainant and started beating him. One of the persons along with the applicant fired a shot with the intention to kill the complainant. However, the shot fired hit the back of the complainant. Seeing this, the applicant along with other persons ran away from the place of incident. According to the complainant, one of the co-accused persons, Rahul, was to owe a huge sum of money to the complainant and in order to pressurize and terrorize the complainant, the applicant and the co-accused Rahul along with other persons committed the alleged offences upon the complainant.

(3.) The applicant has approached this Court on the premise that the trial initiated against him is bad in law. According to the learned counsel for the applicant, the FIR against him is a counter-blast to some previous case, in which the applicant was beaten up by the complainant. It was also submitted that on the date of the incident i.e. 08.11.2015, the applicant was in Bhopal and not at the place of incident and this can be corroborated by the CCTV records and mobile phone records, the Compact Discs, which have been annexed along with the instant Criminal Revision application. Further, learned counsel for the applicant argued that in order to pressurize the applicant to depose in favour of the complainant in trial initiated in furtherance to FIR bearing Crime No. 84/13 registered at Police Station Nateran, District Vidisha, the complainant has lodged a false FIR against him. Another contention canvassed by learned counsel for the applicant is that the complainant belongs to a power political family and has exerted his influence in lodging of a false criminal case against the applicant. Lastly, it was contended that the applicant has an M.Tech Degree and has started a private business. He is also a social worker who donates blood frequently.