Sushil Kumar Palo, J.:— The prosecution case in brief is that, the complainant/Atul Shukla was called by one/Priyanka Singh for some notebook, when Atul reached Gala Mandi by his motorcycle bearing registration No. MP35/MV6852. Priyanka Singh along with her brother Manoj Singh @ Hero were present there with a Bolero Jeep. They asked Atul Shukla to sit in the Jeep. Manoj drove the Jeep towards the Babupur road, riding it in high speed. Complainant/Atul Shukla tried to get down by jumping from the jeep, but he could not do so because the speed of the jeep was high. Accused/Manoj Singh rang up someone to bring baseball bat and pistol. After sometime, he allowed Priyanka to get down from the jeep. There Sampat Singh and Viklesh Singh got into the jeep and sat one each side of Atul Shukla. Atul Shukla was then taken to the field. When the petitioner/Surendra Singh came with the baseball bat, all of them beaten Atul Shukla. They were waiting for the person to come with the pistol. Meanwhile, police arrived and rescued Arvind Shukla. He was sent for medical treatment. He received 9 injuries, one of which a the bony injury on metacarpal region. On his report, FIR No. 575/16 has been lodged at Police Station Kolgawan, District Satna for offences under Sections 364, 323 read with Section 34 of IPC.
2. On behalf of the accused, it is contended that, the accused has been attributed to come to the field with a baseball bat and nothing more than that. Offence under Section 364 of IPC is not made out against the petitioner.
3. On behalf of the respondent/State, the contention is opposed and it is stated that, the petitioner at the instructions of the prime accused/Manoj came with a baseball bat along with other accused persons and inflicted injuries to Atul Shukla, therefore, offences under Section 323, 325 read with Section 34 of IPC is made out against the petitioner.
4. On behalf of the respondent No. 2, it is argued that, offence under Section 364 of IPC is not made out against the petitioner, but offences under Section 323 and 325 of IPC is made out.
5. During the course of the arguments, it is stated that charge-sheet has been filed against all the accused persons.
6. Considering the circumstances, this petition under Section 482 of Cr.P.C. has no merit. The petitioner may challenge the framing of charge under appropriate provisions.
7. With the above observation, this petition is dismissed.