RAJENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This is a revision filed under Section 397/401 of Cr.P.C. against the order dated 13-6-2013 passed by 2nd ASJ, Shujalpur in S.T. No. 143/2012 whereby an application under Section 319 of Cr.P.C. was allowed. Brief facts of this case are that on 25-7-2011 complainant Vikram Singh lodged a report that three unknown persons have robbed cash worth Rs. 49,000 from him by showing country made pistol. On this basis, a case was registered in Police Station, Akodiya at Crime No. 91/2011 under Section 394/397 of IPC. After investigation, police filed final report against Dinesh and Shantilal on 16-12-2011. They were tried and convicted for the offence punishable under Section 394 of IPC, thereafter, on 7-6-2012, supplementary report has been filed against co-accused Ishwarlal. He is being tried for the offence under Section 394 of IPC. During trial, Ishwarlal filed an application under Section 319 of Cr.P.C. for impleading applicants as accused persons. Learned ASJ allowed the application vide impugned order dated 13-6-2013 and issued summons against the applicants. The applicants have challenged the order in this revision.

(2.) Learned Counsel for the applicants submit that learned ASJ on the basis of deposition of Vikram Singh, dated 12-6-2013 ordered to summon applicants as accused, but there is no prima facie evidence to take cognizance against the applicants. Vikram Singh has lodged F.I.R. against three unknown persons and police has filed final report against Dinesh and Shantilal and supplementary report against Ishwarlal. On 30-5-2012, Vikram Singh was examined during the trial of accused Dinesh and Shantilal. In cross-examination, he was suggested that applicants have robbed him but he denied the suggestion. Thus, there is no material against the applicants for taking cognizance.

(3.) Learned Counsel for the applicants submit that while passing order under Section 319 of Cr.P.C. the Court has to assign sufficient and cogent reasons which are lacking in the impugned order. He relied upon the judgment of the Hon'ble Supreme Court in the case of Sarabjit Singh and another vs. State of Punjab, 2009 AIR(SC) 2792