D.S. TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a revision filed by the sole accused who is a Sub -Inspector of Police, Police Station Jaisi Nagar, district Sagar, aggrieved by the framing of charge for the offence under section 194 I.P.C.

(2.) THE facts leading to the filing of the revision arc briefly as follows: On 11.3.1990 at about 6.30 p.m. one Hukum, son of Gulab, came to the Police Station and lodged Ex. P -2 report complaining of an incident which is alleged to have occurred on the same day in village Kharmhow. Basing on that statement the applicant started investigation and recorded the statement of his mother Rajbai. As a result of the investigation made by the applicant, the accused were charged for offences under sections 302, read with section 34 and 323 IPC. The learned Sessions Judge, Sagar while acquitting the accused basing on certain contradictions elicited from the evidence of PW 2 and his father and also coming to the conclusion that Ex. P -11 statement given by Rajbai, is false, however, ordered prosecution against the applicant under section 194 I.P.C. Challenging the framing of charge against the applicant this revision is filed.