CHHAYA TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal revision having been heard and reserved for judgment, coming on for pronouncement this day, Hon'ble Shri Justice Rajendra Kumar (Verma) delivered the following :-

(2.) The facts in brief are that as per FIR lodged by complainant bearing crime No.42/2021 dtd. 25/1/2021 at Police Station Jatara the petitioner with other co-accused assaulted complainant Mr. Jitendra Mishra on 25/1/2021 but the Police during the investigation of the case, the police did not arrayed as accused in the charge sheet and found that petitioners were not present at the place of incident and police did not filed charge sheet against the petitioners. During the trial, the complainant filed an application under Sec. 319 of the Criminal Procedure Code 1973 to implead petitioners as accused in the trial which was allowed by the impugned order.

(3.) Learned Counsel for the petitioners submits that at the time of the commission of the offence, petitioners were at Gram Budera and further petitioner No.2 Rohan Tiwari was admitted at Primary health Centre, Budhera, It is submitted that as per the CDR it was found that mobile tower location of petitioner No.1 was traced at Lakshman Pura Tower which is 70 km away from the place of commission of offence and it is not possible that she could reach at the place of incident within 35 minutes.