SHIVAM SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Sec. 397 read with Sec. 401 of Cr.P.C. has been filed by the applicants against the order of framing of charges dtd. 5/12/2022 passed by 8th Additional Sessions Judge Gwalior in S.T. No.505/2022 whereby the charges under Sec. 195-A, 34 and 506 of IPC have been framed against the applicants.

(2.) Counsel for the applicants has submitted that inspite of nonavailability of any cogent evidence on record, learned court below has erred in imposing the charge under aforesaid Sec. . As per versions of First Information Report and statements of witnesses, it is clear that the accused persons did not do any act which comes under the purview of Sec. 195-A and 506 of IPC.

(3.) Counsel for the applicants has further submitted that the entire proceeding is vitiated on account of the legal position as under Sec. 195-A of Cr.P.C. only a complaint can be entertained in respect of an offence committed under Sec. 195-A of IPC. In support of his contention, the counsel has relied upon the order dtd. 3/8/2018 passed by the coordinate Bench of this Court in Criminal Revision No.3385/2017 (Ratanlal v. The State of Madhya Pradesh) as also the order dtd. 11/9/2014 in M.Cr.C. No.76/2014 (Smt. Lalita Yadav & others v. The State of Madhya Pradesh). Thus, it is submitted that when the FIR in itself could not have been lodged, the order of framing the charges in the same case deserves to be quashed.