DAULAT SINGH VISHWAKARMA Vs. STATE OF M P

JUDGEMENT

(1.) The applicants/co-accused namely (1) Daulat Singh Vishwakarma (2) Nikhil Kumar Deshpande and (3) Narayan @ Satyanarayan have filed this revision under Section 397/401 of Criminal Procedure Code (in short "the Code") for quashment of the order dated 5.11 .2011 passed by 2nd Additional Sessions Judge, Sagar in S. T. No. 179/2010, whereby the charges for the offence punishable under Sections 468 and 471 of IPC have been framed against each of the applicants.

(2.) The facts giving rise to this revision in short are that respondent No.2 herein initially filed a private complaint (Ann. P.2) on 16.6.2008 in the Court of JMFC Sagar against the applicants No.2 and 3 herein along with other co-accused Devendra Singh Thakur, Arvind Singh and one R. K. Upadhyay for taking the cognizance of the offence punishable under Sections 406, 409, 419, 420, 468, 471/34 r/w 120-B of IPC against them. Subsequent to filing such complaint another complaint dated 25.11.2008 (Ann. P.3) was also filed in the same Court by the respondent No.2 against the applicants herein and aforesaid Devendra Singh Thakur, Arvind Singh Thakur and R. K. Upadhyay for taking the cognizance of the same offence of Section 406, 409, 419, 420, 468, 471/34 r/w 120-B of IPC against them.

(3.) After filing the aforesaid initial first private complaint by the respondent No.2 the JMFC Sagar instead to proceed further under Section 200 and 202 of the Code vide order dated 27.6.2008 directed to call the report through Police Station Civil Lines Sagar. Subsequent to such direction the aforesaid second complaint was filed on 25.11.2008 by the respondent No.2, the same was annexed with aforesaid earlier complaint vide order dated 31.8.2009. Both the complaints were related with the same offences but in subsequent complaint some additional accused were impleaded with some additional averments. The JMFC Sagar vide order dated 31.8.2009, directed to sent a copy of the complaint to the Police Station Civil Lines, Sagar with further direction to call the report under Section 156 (3) of the Code. In compliance of such direction the requisite report was sent by the Police Station Civil Lines Sagar to the Court of JMFC Sagar on 29.9.2009. Thereafter, the case was fixed for further proceeding on 9.10.2009 as stated in the order sheet of such Court. On such date the case was adjourned and same was taken up for hearing on 30.3.2010. On consideration it was found that in compliance of the aforesaid direction given by the JMFC under Section 156 (3) of the Code a Crime No.187/09 (FIR) for the offence punishable under Section 406, 409, 419, 420, 468, 471/34 r/w 120-B of IPC was registered and after holding investigation of the same on establishing the ingredients of the aforesaid alleged offence against the applicants and other co-accused, they have been charges sheeted for their prosecution before the Court having territorial jurisdiction. Pursuant to it, vide order dated 30.3.2010 above mentioned private complaints were amalgamated and consolidated with the case of aforesaid charge sheet filed along with the police report under Section 173 of the Code.