JEEVAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been filed under section 482 of Cr.P.C. for quashing the order passed in Criminal Revision No.12/12 on 15.3.12 by Additional Sessions Judge/Special Judge, Guna, whereby the order dated 30.11.11 passed by the JMFC, Guna, in Criminal Case No.1643/11 dismissing the application filed by the petitioner under Section 323 of Cr.P.C. has been affirmed.

(2.) THE facts in brief are that complainant Bhaiyalal lodged an FIR that he alongwith his family members was in his house. The petitioners armed Lathi, Lohangi and Farsa came and started abusing. When it was objected, Pappi gave a Farsa blow on the head of the complainant. The petitioners also gave beating to Malkhan, Veerendra and Teerath Singh. During the incident, the petitioners also received some injuries and FIR was lodged by petitioner -Gyansingh on the same day, upon which Crime No.96/11 under Sections 323, 394, 506B/34 of IPC has been registered against complainant Bhaiyalal and three others. After investigation, the police has filed the charge -sheet. In the Court below, the petitioners moved an application under Section 323 of Cr.P.C. praying that both the cases are outcome of same incident and date of incident and place of incident are same, hence, both the cases be tried by the same Court, therefore, prayed for committing the case under Section 323 of Cr.P.C. Learned trial Court after going through the record, dismissed the application, against which, the petitioners preferred a criminal revision which has also been dismissed holding that place of incident and the complainant are different in both the cases, hence, the order passed by learned JMFC does not require any interference. Aggrieved with this, petitioners have filed this petition.

(3.) THE learned Public Prosecutor appearing for the State has submitted that learned Court below have not committed any illegality in passing the order as both the incidents are entirely different, therefore, prayed for dismissal of the petition.