GYANESH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This Revision has been filed under Sections 397, 399, 401 and 482 of the Code of Criminal Procedure being aggrieved by the order dated 24.06.2013 passed by the IV Additional Sessions Judge-cum- Special Judge, CBI, Indore in Criminal Revision No.77/2013 whereby the order passed by the Judicial Magistrate-cum-CBI Judge, Indore in Special Criminal Case No.2/2010 on 29.12.2012 taking cognizance against non-applicant No.2 [Rajendra Patel] has been set aside, and the matter has been remitted back to the Judicial Magistrate to decide the application under Section 190 of Cr.P.C., as per the guidelines issued in the order of revisional court.

(2.) The facts leading to the case are, for an incidence took place on 5.3.2008 at 10.40 pm within the residential premises of Rajendra Patel, an intimation has given by him to the police in writing at 1.20 am in the intervening night of 5-6/3/2008 inter-alia contending that Sandeep Patel along with three others persons trespassed the house breaking the gate with Tavera vehicle bearing No.MP04 CA 2789 at 10.45 pm and one of them fired, which was missed. In retaliation Rajendra Patel fired two shots, former by means of 12 bore gun and later by means of 315 bore rifle supplied by his wife, thereby someone received injury. On the said written report, FIR was registered at crime No.107/08 on 6/3/2008 at 3.15 am for the offence u/s 451, 336/34 of the IPC against Sandeep and three others. Thereafter statement of Rajendra Patel was recorded by police u/s 161 Cr.P.C. first time on 6/3/2008 where, in addition to the aforesaid prosecution story, it is stated that fire shot was received to one boy and another on the body of Tavera vehicle. It is also stated that those accused persons have first reached to the house of Kamal Patel and the vehicle used in offence is also of him. Thus on receiving the injury the accused persons became panic and flee away from the spot in the said vehicle.

(3.) On 11/5/2008, Ramvilas Jaat, father of Durgesh Jaat lodged the Gumshudgi of his son which was registered on 11/5/2008. Thereupon investigation was done and on completion of investigation offence u/s 302 IPC was registered against Rajendra Patel(non-applicant No.2) and under section 201/34 IPC against Sudeep Patel, Arun Jaat, Deepak Saran, Manoj Kushwaha, Amit Patel and others on 5/10/2008 at crime No.524/2008.