ARVIND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is directed against an order dated 24/7/12 passed by the Judicial Magistrate First Class, Gwalior in Criminal Case No. 6983/12, taking cognizance against the accused-petitioners for commission of offence punishable under Section 302/34 of I.P.C.

(2.) The facts in nutshell, just necessary for the decision of this petition are that complainant Gyanmala wd/o Gajendra (since deceased), resident of Bajriya (Kanera), P.S. Ater accompanied with her brother-in-law (Jeth) Ramesh Singh, on 15/9/11 lodged a report at police station Maharajpura, district Gwalior to the effect that she alongwith her family was residing in the rented house in Bhagat Singh Nagar. She stated that her husband Gajendra Singh on 13/9/11 left the house after informing her to go to overhead water tank but thereafter he did not turn up. During search, his dead-body was found lying behind the school premises. On the report Marg No. 39/11 under Section 174 of Cr.P.C. was registered and investigation started. During inquiry into Crime No. 308/11 registered for offence under Section 302 of I.P.C., statements of the complainant Gyanmala and others witnesses were recorded by the police. In the statements of the witnesses so recorded, the involvement of only accused Omkar @ Chhukha in commission of the offence prima facie was found proved hence, the accused Omkar @ Chhukha was arrested. His memorandum was recorded where he admitted to commit the murder of the deceased. Accordingly, after investigation, charge-sheet against accused Omkar @ Chhukha was filed in the court by the police. Thereafter the matter was committed to the court of Sessions Judge, Gwalior. Now, Session Trial No. 97/12 is pending against the accused Omkar @ Chhukha in the court of Ninth Additional Sessions Judge, Gwalior.

(3.) During pendency of the case, complainant Gyanmala moved the court with a private criminal complaint against accused Munna Singh, Arvind Singh (petitioner No. 1), Brijendra Singh (petitioner No. 2) and Omkar Singh to register a case against these accused under Sections 302, 366, 506 part-II, 452/34 of I.P.C. The private complaint was registered as Criminal Case No. 6983/12 against Munna Singh, Arvind Singh and Brijendra Singh on 24/7/12 before that statements of the complainant Gyanmala (PW-1) and of other witnesses Ramesh Singh (PW-2), Shailendra Singh (PW-3), Bhupendra (PW-4), Keshav (PW-5), Babu Singh (PW-6), Suresh Singh (PW-7) were recorded. After analyzing the evidence of the witnesses examined under Section 200 and 202 of Cr.P.C. (in short the "Code"), the court prima facie found involvement of co-accused Munna Singh, Arvind Singh and Brijendra Singh in commission of offence under Section 302/34 of I.P.C., hence, the presence of the accused-persons was secured through arrest warrants. Being aggrieved by the order dated 24/7/12, the present petition has been filed.