VISHNUDATT SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Section 397 read with Section 401 of the Cr.P.C. has been filed against the order dated 02/03/2021 passed by Additional Judge to the court of Additional Sessions Judge, Luvkush Nagar, Chhatarpur in S.T.No.10/02018, whereby learned ASJ allowed the complainant's application filed under Section 319 of the Cr.P.C. and took cognizance against the applicants for the offences punishable under Section 302, 147, 148 of the IPC and issued bailable warrant against them to secure their presence in the case.

(2.) Short facts of the case which are relevant to the disposal of this revision are that, on 08/01/2018 complainant Awdhesh Kumar Pandey lodged the report at Police Station Goyra, District-Chhatarpur averring that he was the resident of village Goyra, at around 08:00 am when he was returning to his house, after loading Milk in the bus on the way at Hanuman temple he saw the applicants Rambabu Shukla, Vishnu Datt Shukla, Brajendra Shukla, Raj Kishore Shukla & Rajendra Shukla, and co-accused Raman @ Kakkaju & Devendra @ Shankar Shukla standing there and beating deceased Renu Tiwari @ Laxminarayan Tiwari with the butt of the guns and sticks. On seeing him, they fled away from the spot. In the incident, deceased Renu Tiwari @ Laxminarayan Tiwari sustained injuries. On that report police registered the Crime No.02/2018 for the offences punishable under Section 307, 147 and 148 of the IPC and investigated the matter. Police also sent deceased Renu Tiwari @ Laxminarayan Tiwari to the hospital for treatment but he died due to the injuries sustained by him in the incident, so police also added Section 302 of the IPC. During investigation, police on the basis of mobile call details and the statement of witnesses, found that at the time of incident applicants and co-accused Devendra @ Shankar Shukla were not present on the spot. Only co-accused Raman @ Kakkaju committed the incident and filed charge-sheet only against co-accused Raman @ Kakkaju and did not file the charge sheet against the applicants. On that charge sheet S.T. No.10/2018 was registered. During trial of the case after recording the statements of complainant Avdhesh Kumar Pandey, Rammurat Gautam, Suresh Kumar Tiwari and Parmatmadeen Tiwari eyewitnesses of the incident learned trial Court vide order dated 02/03/2021 allowed the application filled by the father of the deceased Parmatmadeen Tiwari and took cognizance against the applicants and co-accused Devendra @ Shankar Shukla for the offences punishable under Section 147,148 and 302 of IPC and issued warrants against them to secure their presence in the case. Being agreed from that order applicants filled this revision.

(3.) Learned counsel for the applicants submitted that Police after investigation on the basis of statements of witnesses including some of the eyewitnesses of the incident and the mobile location of the applicants Babadeen @ Vishnudatt Shukla and co-accused Devendra Shukla found that at the time of incident applicants were not present on the spot and they did not take part in the incident and did not file charge-sheet against the applicants. Learned trial Court without any other incriminating material on the basis of same evidence wrongly took cognizance against the applicants. So, the order dated 02/03/2021 passed by Additional Judge to the Additional Sessions Judge, Luvkush Nagar, Chhatarpur in S.T.No.10/02018 be quashed. In support of his contention, learned counsel of the applicants also placed reliance on judgments passed by Hon'ble Apex Court in the cases of Brijendra Singh & Others Vs. State of Rajasthan, 2017 7 SCC 706.