MAJID Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 of Cr.P.C.has been filed b y the petitioner being crestfallen by the order under Sec. 319 of Cr.P.C. delivered in judgment dtd. 17/3/2023, passed by the learned 7th Additional Sessions Judge, Mandsaur District Mandsaur in ST No.21/2017 whereby the learned trial Court has made the petitioners accused under Sec. 319 of Cr.P.C. and issued notice for separate trial against the petitioners.

(2.) At the time of passing the impugned judgement, the learned trial Court has convicted and acquitted the accused persons. Appellants Sabir and Sadab were convicted under Sec. 148, 307/149, 333/149 and 394 of IPC and the co-accused namely Nahru, Raja @ Muzaffar, Juber, Jafar, Firoz, Mohd. Yusuf and Sadab were acquitted from all the charges.

(3.) In this regard, the learned trial Court, passing the impugned judgment, mentioned in para nos.73 to 75 that the petitioners have played important roles in the said offence. It is also disclosed that the petitioners were made accused at early stage, however, the prosecution has filed the final report under Sec. 173(8) of Cr.P.C. to the effect that they have no role in the crime. In this regard, the learned trial Court has also observed that the role of the petitioners is found suspicious, hence, they are required to be prosecuted. As such, after observing as aforesaid, in view of the judgement of Hon'ble Apex Court rendered in the case of Sukhpal Singh Khaira vs. State of Punjab (2023) 1 SCC 289, the learned trial Court has adjudicated that separate trial should be initiated against the petitioners and therefore, a notice for separate trial should be issued against them.