BRAJENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant petition under Section 482 of Code of Criminal Procedure, 1973 has been preferred by the petitioner against the order dated 31-08-2018 passed in Criminal Revision No.61/2018 by Third Additional Sessions Judge, Morena confirming the order dated 08-06-2018 passed by JMFC, Morena in Criminal Case No.15/2010 whereby cognizance has been taken against the petitioner over the application of prosecution under Section 319 of Cr.P.C.

(2.) Precisely stated facts of the case are that one criminal case vide Crime No.587/2019 was registered against four persons under Sections 323, 452, 327, 294, 506-B/34 of IPC on complaint of respondent No.2 at Police Station Kotwali, Morena. As per allegations, on 31-07-2009 at 9:30 am accused persons committed house trespass with intent to commit crime and also demanded Rs.500/- for consumption of liquor. After registration of FIR, investigation conducted by Police authorities and during investigation, it was found in the enquiry conducted by Addl. Superintendent of Police purportedly under Section 36 of Cr.P.C. that accused i.e. present petitioner was not involved in crime and his plea of alibi was established by the statements of witnesses taken by the said officer and therefore, his name was removed from the list of accused persons. For remaining accused persons, charge-sheet was filed.

(3.) During trial, one application under Section 319 of Cr.P.C. was filed before the trial Court and same was dismissed as no evidence was found over and above the charge-sheet filed by the Investigating Officer whereby the present petitioner was exonerated. Later on, another application was filed under Section 319 of Cr.P.C. in 2016 before trial Court and vide impugned order dated 08-06-2018, same was allowed.