UNION OF INDIA Vs. SUDEEP PATEL & OTHERS

JUDGEMENT

(1.) By this criminal revision under Section 397/482/407 of Code of Criminal Procedure, 1973, the petitioner-Union of India is praying for quashment of order of committal dated 13/01/2011, passed by Dr. Smt. Shubra Singh, Special Judicial Magistrate, C.B.I. & Economic Offences, Indore in Criminal Case No.02(S)/10, committed for trial to the Court of Sessions Judge, Harda instead of the Court of Sessions Judge, Indore and for transfer of Sessions Trial No.27/11 for its trial at Sessions Judge Court, Indore.

(2.) Brief facts of the case are that the Division Bench of High Court of Madhya Pradesh, Principal Seat, Jabalpur, vide its order dated 11/11/2008, passed in W.P.(PIL) No.11986/2008(Ramvilas Jaat Vs. CBI & others) directed the Director-CBI to take over the investigation of the incident of shooting and death of Durgesh Jat as they are inter-related and bring the investigation to its logical conclusion in accordance with law. The Division Bench further directed to hand over the case diary of both the cases after completing necessary formalities to the officers authorised to receive by the Director-CBI. In pursuance to the direction made by the Division Bench, C.B.I. took over the investigation.

(3.) In compliance to the orders of the High Court dated 11/11/2008 Case No.RC.5(S)/2008-CBI/SCB/Lucknow under Sections 451, 336, 34 of IPC, against Sandeep S/o Kamal Patel and three unknown others, was registered on 18/11/2008 by taking over FIR No.107/2008 dated 6/3/08 of P.S. Harda, Distt Harda(M.P.). This case was registered on the basis of written complaint from Shri Rajendra Patel S/o Reva Ram Patel, R/o Devtalab, Dostt harda in the matter of his House trespass by breaking the gate with Tavera Vehicle and shooting with firearm, in the night of 5/3/08 at around 10:45 PM. In connection with the same incident, another FIR No.524/08, was registered under Section 302 IPC, on 5/10/08 at Police Station Harda, on the complaint of SHO, PS-Harda, by converting a missing person report No.29/08 dated 11/05/2008 of PS-Harda against Rajendra Patel, Sandeep Patel, Arun Jaat, Deepak Saran, Manoj Kushwaha, Amit Patel and others. This FIR No.524/08 was also taken up for investigation by CBI SCB, Lucknow, after registration of Case No. RC06(S)/2008/CBI/SCB/ Lucknow.