RAMLAKHAN Vs. STATE OF MP

JUDGEMENT

(1.) With the consent of parties, matter is finally heard.

(2.) Applicants have filed this revision petition under Section 397/401, Cr.PC against the order dated 15-1-2010 passed by the learned Additional District Judge, Sabalgarh in S.T. No. 295/2005 whereby cognizance of offence under Sections 307,452,294,147,148,149 and 459, IPC has been taken against the applicants on the basis of application filed by complainant under Section 319, Cr.PC. -

(3.) Facts in a nutshell giving rise to revision are that Sessions Trial No. 295/05 is pending against accused persons namely Ramveer, Ramcharan, Pappad, Lala, Chandan Singh, Rashid Khan, Lallu, Ramprakash, Vinod and Dilip in connection with Crime No. 251/04. In that case, complainant Azad Khan has been examined as P.W. 1. During trial, he gave statement that applicants also took part in incidence. After completion of examination-in-chief of complainant, an application was filed under Section 319, Cr.PC by complainant for taking cognizance against applicants. Thereafter, learned Trial Court after hearing the arguments allowed the application filed by the complainant under Section 319, Cr.PC and ordered that cognizance be taken against applicants under Sections 307,452,294,147,148,149 and 459, IPC and issued non-bailable warrants against the applicants. Hence, this revision for setting aside the above order and for discharging the applicants.