ARUN DUBE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused / petitioner is aggrieved by an order of the Committing Court requiring him to appear before the Court as an accused person though he was not so sent up by the Police. The order having been confirmed in revision by the Sessions Court, the petitioner has invoked the jurisdiction of this Court u/ S. 482 of the Code of Criminal Procedure, 1973.

(2.) Police Station Dinara filed a Challan u/Ss. 307/149/147 and 148 of the Penal Code against five accused persons, excluding the petitioner. Before the Committing Court the complainant Kishori moved an application on 16-11-1987 stating that in the first information report and the statements recorded during the course of investigation, the accused / petitioner was specifically named as one of the assailants, associated with overt acts towards himself and his wife resulting into injuries to both of them still the police had obliged the petitioner by leaving him out of the array of the accused persons and hence the interest of justice demanded the Committing Court proceeding against him also. The learned Judicial Magistrate applied its mind to the papers filed by the Police u/ S. 173 Cr. P.C. and also perused the case Diary. He found substance in the grievance of the complainant. In a detailed order, the learned Magistrate has placed on record that intrinsic material available in the case diary and the Police papers pointed out that the Investigating Officer was interested in shielding the petitioner ; politically influential persons had tampered with the investigation, and the first information report and the statements recorded during investigation did show the complicity of the petitioner in the crime.

(3.) The learned counsel for the petitioner has challenged the impugned order of the learned Magistrate as illegal and without jurisdiction placing reliance on two single Bench decisions of this Court : Domar Singh v. State of M.P. (1986-I MPWN 23); Abdul Gafoor Khan v. State of M.P. (1984 MPWN 172) and also on two single Bench decisions of other High Courts : Bhagwandas v. State of Bihar (1978 Cr LJ NOC 59 Pat) and Autar Singh v. State (1978 Cr LJ NOC 156 Delhi).