RUKVENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is criminal revision under Ss. 397/401 of Cr. P.C., against the order dated 8-2-2002 passed by Judicial Magistrate, 1st Class, Gwalior in Cr. Case No. 1/2002.

(2.) On 2-1-2002, respondent No. 1-State filed a charge-sheet in Crime No. 108/2001, for the offences under Ss. 147, 148, 149, 307/34, 451, 204 and 325 of I.P.C. and Ss. 25 and 26 of Arms Act against seven accused persons before Judicial Magistrate, 1st Class, Gwalior. Complainant filed an application under S. 190 of Cr. P.C. before the Magistrate and submitted that in this case, incident took place on 4-10-2001 at 6 p.m. at that time, Dadhi Bal Singh, Jabar Singh, Tahsildar Singh and complainants were at their house. The accused persons along with 1490 Virendra Singh, Narendra Singh, Kallu, Chuna, Rukuvendra Singh, Neelu alias Kunal Singh and Lokendra Singh came with the common intention along with deadly weapons like gun, Katta, Saria and lathi and assaulted on the complainant party by gun fire and caused injuries to the complainant party. Report was lodged. Cognizance was taken by Police and the case was registered and the statements of witnesses under S. 161 of Cr. P.C., were recorded but the petitioners/accused persons being resourceful, got their names dropped with the help of DSP from the charge-sheet. Therefore, prayed that the cognizance be taken against the other accused persons (petitioners) against whom, police has not filed chargesheet.

(3.) After hearing learned counsel for the parties, the trial Court in the impugned order found that sufficient material is available in the FIR as well as in the statements of the eye-witnesses recorded under S. 161 of Cr. P.C. for the involvement of the petitioners in the commission of crime and the prima facie evidence is available against them and placing reliance on a decision of Supreme Court in the case of Rajinder Prasad v. Bashir Ahmed, reported in 2001 CAR 485 : (2002 SCC (Cr) 28): (2002 Cri LJ 90) allowed the application filed by the complainant under S. 190 of Cr. P.C. and taken cognizance against all the petitioners under Ss. 147, 148, 149, 294, 451 and 307/34 of I.P.C. and directed that they be summoned through warrant of arrest, against which, the petitioners have filed this criminal revision.