KALYAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS criminal revision u/s. 397 r/w. section 401 of Cr.P.C. assails the interlocutory order dated 08.05.2014 by which the application preferred by complainant Inderjeet Yadav u/s. 319 of Cr.P.C. has been allowed by directing issuance of arrest warrant against Kalyan Singh S/o. Gulab Singh (petitioner herein), who was though named in the FIR, but was not arraigned as accused in the final report by the prosecution in crime No. 66/2013 alleging offences punishable u/s. 147, 148, 302, 307 r/w. section 149 of IPC.

(2.) LEARNED counsel for the petitioner submits that though the name of petitioner was mentioned as accused in the FIR lodged in relation to crime No. 66/2013 and his name further found mentioned in the statements of the prosecution witnesses namely Dayanand, Inderjeet and Ramesh recorded u/s. 161 of Cr.P.C., but it is submitted that in the final report/challan submitted by the prosecution, the name of the petitioner was not arraigned as accused. It is submitted that the trial court ought to have given due credence to the final report submitted by the prosecution which gave clean chit to the petitioner. It is further submitted that considering the plea of alibi, the prosecution has found that the petitioner was not present at the scene of crime and, therefore, in the final report/challan did not arraign the petitioner. It is further submitted by petitioner that the trial court has committed grave error in straight way issuing arrest warrant against the petitioner. It is lastly submitted that summon/bailable warrant ought to have been first issued instead of adopting the extreme mode of issuing arrest warrant.

(3.) IT is submitted by the State and so also by the victim that the petitioner was not only named in the FIR, but was also subjected to the process of investigation though charge sheet was not filed against him and further the petitioner has also been implicated in the offence by PW -1 Dayanand & PW -2 Inderjeet while giving their statements before the trial court.