RAM ADHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for setting aside the ex parte order dated 30-1-1991 passed by a Division Bench of this Court in Criminal Revision No. 539 of 1990 (State of Madhya Pradesh v. Ramadhar Shukla and 4 others).

(2.) The facts giving rise to this petition are that these 4 applicants along with 10 other co-accused are facing trial under Ss. 147, 148, 149, 324 and 302,/114 of the Indian Penal Code before the Third Additional Sessions Judge, Satna in Sessions Trial No. 129 of 1988 arising out of Crime No. 38/88. After the challan was filed before the learned Sessions Judge, he by order dated 15-12-1989 discharged the 4 applicants as well as one co-accused Rajkumar son of Ramadhar, as, in the opinion of the learned Sessions Judge, no offence was found to have been made out against them. The complainant Vidhyadhar Shukla challenged the order of discharge of the applicants dated 15-12-1989 in Criminal Revision No. 6 of 1990 which came up for hearing before learned single Judge of this Court (Awasthy, J. since retired) who by his order dated 9-4-1990 allowed the revision against the co-accused Rajkumar and dismissed the same against 4 applicants herein. The learned single Judge by his order dated 9-4-1990, a copy whereof has been filed as Annexure A-1, directed the Additional Sessions Judge to frame the charge against co-accused Rajkumar after perusal of the material available against him keeping in mind the observations made in the order. The State of Madhya Pradesh was also arrayed as a party to the said revision before this Court being respondent No. 1.

(3.) After the Criminal Revision No. 6/90 was disposed of by the learned single Judge of this Court as aforesaid, the State of Madhya Pradesh also appears to have filed a Criminal Revision No. 539 of 1990 before this Court against the same order of discharge dated 15-12-1989 passed by the learned Sessions Judge. This Criminal Revision No. 539 of 1990 filed by the State of Madhya Pradesh was heard by a Division Bench of this Court consisting of the then Mr. Justice Pathak and Chawla JJ., which was disposed of by order dated 30-1-1991 allowing the revision by setting aside the order dated 15-12-1989 whereby the applicants were discharged, directing the Additional Sessions Judge to make further enquiry in the case and proceed according to law.