DEEPU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The judgment dated 01.12.2008 passed by the High Court of Madhya Pradesh at Jabalpur: Bench Gwalior in Criminal Revision No. 314 of 2007 confirming the order dated 12.03.2007 passed by the XI<SUP>th</SUP> Additional Sessions Judge, Gwalior, framing charges against the appellant for the offences punishable under Sections 394 and 460 of the Indian Penal Code (for short 'the IPC'), and alternatively under Sections 302 and 397, IPC along with Sections 25 (1B) (a) and 27 of the Arms Act in S.T. No. 156/99, is called in question in this appeal.

(2.) The First Information Report came to be lodged against three persons alleging the offence of murder and robbery. A charge-sheet was filed against seven persons, including the accused. The Trial Court had discharged the appellant herein initially, along with four other accused, however, the said order of discharge of the appellant was recalled subsequently. The order of recalling was confirmed by the High Court. The said order of recalling came to be set aside by this Court on the ground that there is no provision to review or recall the order under the Code of Criminal Procedure (for short 'the Cr.P.C.') by the Criminal Court/Sessions Court. The earlier orders, as mentioned supra, including the order passed by this Court, reveal that the initial order of discharge passed by the Trial Court was without reference to the supplementary charge-sheet/additional charge-sheet filed against the appellant, which contained ample material against the appellant to frame charges. The supplementary charge-sheet also included material relating to the recovery of apistol used for the commission of the offence by the appellant, at the instance of the appellant.

(3.) During the trial of the other two accused (since the appellant was discharged at an earlier point of time), an application came to be filed on behalf of the prosecution under Section 319 of the Cr.P.C. with regard to the appellant based on the material on record. The Trial Court, being satisfied about the existence of ample material against the appellant to proceed against him on the basis of the supplementary charge-sheet, Test Identification Parade, Forensic Science Laboratory report and statements of witnesses recorded under Section 161 of the Cr.P.C., as well as depositions of witnesses, issued summons to the appellant herein and thereafter proceeded to frame charges against him. As mentioned supra, the said order came to be confirmed by the High Court.