RAVINDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Revision Petition under Section 397/401 of the Code of Criminal Procedure, 1973 is directed against an order dated 22nd November, 2008, passed in Criminal Case No. 6817/2006, by the Additional Chief Judicial Magistrate, Gwalior, returning thereby the charge-sheet for filling before the Court of Chief Judicial Magistrate, Indore on the ground that the main incident of the offence was not committed within the territorial jurisdiction of the Court at Gwalior.

(2.) As per prosecution case, the complainant Nand Kishore was working as security guard in Balaji Security Services, Navnit Plaza in Silver Sachora building situated on RNT Road at Indore. There being differences in the salary of the security guard and gunman, the complainant wished to occupy the post of gunman but on account of non-possessing the requisite gun-licence, he was unable to avail that opportunity. Hence, he came into contact-of the accused-petitioners Sukhendra Singh and Babu Singh Tomar, who assured him that on payment of Rupees Seven thousand, they will manage the arms license for him within 15 days. After that, the accused informed him to arrange the sum as settled and pay to the person concerned at Sakti Gas Agency, Near Village Nenora on Sanver Road Ujjain. On second day the accused Babu Singh Tomar informed that he will also maaage for him the Fire Arms Gun from Bhind (M.P.) on payment of Rupees Eight thousand. The complainant somehow managed the loan from Jai Bharat Parspar Co-operative Institution, Sikh Mohalla, Indore. Then, he contacted accused Babu Singh Tomar with money. The accused delivered the arms licence issued from the State of J & K. On doubts about the genuineness of the licence, the complainant made a contact to his friend Dr. Kundan Singh Bundela at Indore, who also expressed doubt about the genuineness of the licence delivered by the accused, but on the advice of his friend Dr. Kundan Singh Bundela, he made the full payment for the driving licence to Babu Singh Tomar, accused. Thereafter, he on the belief of Babu Singh accused accompanied with one Ashok Mishra came to Bhind to purchase the Fire Arm. Ashok Mishra managed the Fire Arm Gun for him from one old person unknown to him. Thereafter, he showed the arms licence to his Director M/s. Balaji Security at Indore, who opined that the arms licence given to him was fake. Subsequently, he also got knowledge from Daily News Paper "Nai Dunia", dated 27th February, 08 that near about 2000 arms licences recovered from Bhind and issued from J & K State are fake. So, on the advice of Shri Panidar, the Director of M/s. Balaji Security, Indore, he send the written complaint to CID Bhopal. On the basis of his complaint, the FIR was lodged by the Economic Offences Bureau, Bhopal.

(3.) After investigation the charge-sheet was filed by the Economic Offences Cell at Gwalior before the Court of Additional Chief Judicial Magistrate having jurisdiction of the Economic Offences registered by EOW, Gwalior. The trial was commenced against the accused-petitioners. At later stage, the Trial Judge reached on a conclusion that the most part of the incident happened at Indore, therefore, for want of having jurisdiction to try the case, he returned the charge-sheet for production before the Court of CJM at Indore, vide the impugned order, hence, this revision before this Court.