MANFOOL Vs. STATE OF M P AND ANOTHER

JUDGEMENT

(1.) This revision petition has been preferred under Sections 397,401 of Cr.P.C. against the order passed by J.M.F.C. Vidisha in Case No. RT 942/2011 dated 17.07.2012, whereby an application filed by Brijesh under Section 319 of Cr.P.C. has been allowed and the petitioner has been impleaded as an accused.

(2.) Brief facts of the case are that complainant Narayan Bai has lodged a report against the petitioner and co accused Brijesh alleging that petitioner Manfool and Brijesh caught hold of her, took her forcibly and Brijesh has committed rape with her and petitioner Manfool has pressed her breast. Petitioner has submitted an application before the DSP Harizan Kalyan, Vidisha, upon which the statements of the victim and her father were recored and they have not made any allegation against the petitioner. After investigation charge sheet has been filed before the J.M.F.C. Vidisha on 16.06.2011 only against Brijesh. Thereafter, co-accused Brijesh has preferred an application under Section 319 of Cr.P.C. praying that petitioner be made an accused in the case which has been allowed by the impugned order. Being aggrieved, the petitioner has preferred this revision petition.

(3.) It is submitted by the learned counsel for the petitioner that J.M.F.C. Vidisha has committed illegality in allowing the application filed by co accused Brijesh. No application has been moved either by the victim or by the prosecution. Therefore, cognizance taken by J.M.F.C. against the petitioner is illegal. It is further submitted that only on the basis of charge-sheet on application under Section 319 of Cr.P.C., no cognizance can be taken against any person. It can only be taken after recording of the evidence of prosecution. The prosecution has not led any evidence, therefore, impugned order suffers from illegality.