MANOHARIAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under section 482, CrPC, has been directed for quashing charges framed against the petitioners for offences under section 454 and 380, IPC and issuing direction to hear arguments before framing of charges after perusing the case diary.

(2.) THE petitioners have been prosecuted for offences under section 454 and 380, IPC. Shri Ashok Lalwani, learned counsel for the petitioners, contends that there was a dispute of civil nature between the parties. However, the criminal proceedings have also been initiated against the petitioners for offences punishable under sections 454 and 380, IPC, on the basis of a written report filed by the complainant Kishanchand

(3.) THERE is sufficient material on record to prima facie establish that during the initial investigation, it was found that no offence is made out against the petitioners and therefore the final report No. 1/93 was submitted by the investigating officer. However, the SDO (Police) subsequently again investigated the offence and after concluding the investigation, a charge sheet was filed against the petitioners for offences as above. The charges for offences as above have been framed against both the petitioners. Undisputedly, the learned Magistrate did not peruse the case diary before framing of charges against the petitioners as according to him, it was not the legal requirement to go through the documents intended to be filed by the accused.