KARAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal revision u/s 397/401 Code of Criminal Procedure,1973 (hereinafter referred to for short 'Cr.P.C.') has been filed in order to quash the order dated 18.01.2012 passed by 3rd Additional Sessions Judge, Tikamgarh in Sessions Trial No.179/2008 (State of M.P. v. Kishori Dimar ) by which invoking the powers u/s 319 Cr.P.C all petitioners have been made accused persons with co-accused person who has already been tried.

(2.) UNDISPUTED fact of the case is that Pretiraja (PW 1) lodged report on 9.8.2008at 18.50 with PS Baldeogarh district Tikamgarh against ten persons (including the petitioners) that on 9.8.2008 at 4.30 to 5 p.m. Petitioners with Kishori Lal Dimar committed murder of his brother Halke alias Narendra Singh by firing guns and by beatings. Allegations against Brajendra Singh son of Khalak Singh Bundela, Pushpendra Singh son of Khalak Singh and Kishori are that they were armed with guns and they fired guns. Police registered offence u/ss 147, 148, 149, and 302 of IPC vide Crime No.213/08 and investigated the matter. During the course of investigation an application was moved that the petitioners are falsely implicated in the case so an inquiry be made and an inquiry was made by officers and charge sheet was not filed against the applicants. During trial after recording the evidence of Pretiraja (PW 1) and Pushpendra Singh son of Ginniraja (PW 2) trial Court took cognizance against the petitioners u/s 319 Cr.P.C and made accused against which this petition has been filed to quash the impugned order

(3.) LEARNED counsel for the applicants submits that as per post mortem report, one gun shot injury is on the person of deceased so there is allegation against accused Kishori Dimar who has caused that injury and the petitioners who had not charge sheeted because they have not committed any crime.