RAM KISHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this revision, the applicant has challenged the legality and propriety of judgment dated 07.8.2013 passed by Additional Sessions Judge (FTC) Korba in Criminal Revision No.32/2013, reversing the orders dated 18.02.2013 and 05.3.2013 passed by Judicial Magistrate First Class, Korba in Criminal Case No.20/2012, whereby the Court below has allowed the application filed under Section 319 of the Code of Criminal Procedure, 1973 (for short 'the Code') for impleading two persons namely DL Sahu (Respondent No.2) and Rajesh Jaina (respondent No.3) as accused persons, which has been reversed by the revisional Court.

(2.) Learned counsel for the applicant submits that main accused Hemant Jaina along with respondents 2 & 3 have committed the aforesaid offence of theft and the applicant has intimated the police, but the police has not registered the offence against respondents 2 & 3. He has also made a written complaint to Superintendent of Police against respondents 2 & 3, but the police has not prosecuted respondents 2 & 3. The applicant deposed before the Court below that accused Hemant Jaina along with respondents 2 & 3 have committed the aforesaid offence and thereafter application under Section 319 of the Code has been filed before the Court below. Show-cause notice has been issued to respondents 2 & 3 vide order dated 18.02.2013. In response to the notice, they appeared before the Court on 05.3.2013. On that day charges for the offence under Section 379/34 IPC has been framed against respondents 2 & 3. Both the orders have been quashed by the revisional Court. By quashing the said order, the revisional Court has committed illegaity. Order passed by the trial Court was well founded and based on the material.

(3.) During the course of argument, copy of deposition recorded during the trial has shown by learned counsel for the applicant, which is taken on record.