SHYAM BABU AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By invoking the extraordinary jurisdiction of this Court, petitioners have preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'the Code') calling in question the order dated 04-03-2013 passed in Criminal Revision No. 66/2013 by learned 10th Additional Sessions Judge, Gwalior whereby the order dated 06-02-2013 passed by JMFC, Gwalior in Criminal Case No. 5269/2011 was upheld. By preferring this petition, petitioners have prayed that the orders passed by learned Courts below be set aside, order of taking cognizance be set aside and petitioners be discharged.

(2.) The factual matrix, in brief, giving rise to this petition are that respondent No. 2 Anand Agrawal alias Lallu had made a complaint to the police station against the petitioners alleging that on 29-09-2010 petitioners have encircled him and thereafter petitioner No. 2 Brijesh has opened fire on him which has resulted in causing gun shot injury at left thigh. Since police had not taken any action therefore, a petition under Section 482 of the Code was filed by respondent No. 2 before this Court bearing M. Cr. C. No. 8032/2010 and vide order dated 09-12-2010, Station House Officer, Police Station Morar was directed to proceed with crime No. 855/2010 lodged at Police Station, Morar and conduct a fair and impartial investigation. When no action was taken by police, contempt petition bearing No. 83/2011 was moved against the police authorities and vide order dated 21-04-2011 it was directed by this Court that final report in relation to investigation in the aforesaid crime be produced before the concerning Court within a period of two weeks. Thereafter, on 06-06-2011 final report was produced by the police station, Morar stating that no offence is made out against the petitioners/accused persons in absence of evidence. At the same time on 25-04-2011 one protest petition along with list of witnesses under Section 190(1) of the Code was moved by respondent No. 2 seeking the relief that final report (Khatma) be disallowed, evidence of the complainant/respondent No. 2 be recorded and order for arresting the accused petitioners be passed.

(3.) Thereafter, on 19-07-2011 final report (Khatma) produced by police was not accepted and cognizance has been taken on the basis of private complaint so called protest petition against the petitioners for the offence under Section 307/34 of IPC. The aforesaid order of taking cognizance against petitioners was put to test by petitioners by preferring Criminal Revision No. 411/2011 before the Session Court which was allowed on 08-02-2012. The order of taking cognizance was set aside and the case was remanded back to the trial Court with a direction that entire evidence produced by the complainant be taken on record and after taking into consideration the facts mentioned in the final report produced by Police Station, Morar in crime No. 855/2010, appropriate order on merits be passed. In compliance of the direction issued by revisional Court, statements of Saroj Devi, Radha Agrawal and Dr. C.P. Suman were recorded and after taking into consideration the evidence and the statements of witnesses recorded by the police under Section 161 of Cr.P.C. and the documents submitted by police, order was passed on 06-02-2013. The complaint and police case was consolidated and criminal case bearing No. 5269/2011 was registered.