RAMBRAT PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Sec. 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') is filed challenging the order dtd. 20/2/2017 passed by Second Additional Judge to the Court of Additional Sessions Judge, Ramanujganj, District Surguja - Ambikapur (C.G.) in Criminal Revision No. R-25 of 2016 whereby learned Sessions Judge has dismissed the revision filed by the petitioners.

(2.) Facts relevant for disposal of this petition are that, on 23/3/2016, at about 6.30 PM, Ramjanam Patel and others have abused and assaulted Shivlal Patel. In the incident, Shivlal Patel suffered grievous injuries. Immediately after the incident, written report was lodged before the concerned Police Station, based upon which, crime was registered at Outpost of Police Station Wadrafnagar. After registration of crime on zero, it was forwarded to jurisdictional Police Station i.e. Police Station Basantpur, based upon which, Crime No. 31 of 2016 was initially registered against five persons including petitioners herein. After due investigation, final report under Sec. 173 of Cr.P.C. was submitted against only one person out of five persons as shown/mentioned accused in First Information Report. Injured thereafter moved an application under Sec. 190 of Cr.P.C. before the Court of jurisdictional Judicial Magistrate First Class, Wadrafnagar making prayer that cognizance for commission of offence against other persons involved in commission of crime be taken. Based on prima facie evidence available in charge-sheet, other accused persons have been shown to be non-applicants No. 1 to 5 in the application filed under Sec. 190 of Cr.P.C.

(3.) Learned Magistrate upon considering the application filed under Sec. 190 of Cr.P.C., allowed the application and taken cognizance against other named accused in First Information Report for the reasons recorded therein. Order dtd. 06.10.2016 taking cognizance of commission of offence against non-applicants/petitioners, they filed criminal revision before the Court of Additional Sessions Judge, Ramanujganj, which came to be dismissed by impugned order.