SARABJIT SINGH MOKHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONER/applicant has preferred this revision petition under Section 397/401 of Criminal Procedure Code (for short 'the Code') against the order dated 12-1-2005 passed by Fourth Additional Sessions Judge, Jabalpur in sessions Trial No. 542/04, whereby the said Court, itself suo motu, has taken over the cognizance under Sections 395 and 397 of the Indian Penal Code (for short 'the I. P. C') against the applicant and directed to call him by issuing warrant of arrest. Being dissatisfied with it, hence this revision.

(2.) THE material facts which are necessary to dispose of this revision are like this, according to the prosecution on dated 23-5-2004, at 8. 45 a. m. applicant alongwith other accused namely Mohd. Sadik, Bharat, Mohd. Raseed, tato alias Sher Khan, Hashnen Khan, Anil Dubey, Abdul Baseem, Mohd. Raeesh Bali, Sujeet Singh, Mohan Beliya, Ashish Namdeo, Manoj Kori, Mohd. Taheer and Mohd. Habeeb have committed offence of dacoity of domestic articles and jewellary/ornaments by entering into the house No. 707, of IVth bridge to Bhaisasur Mandir Road, Napier Town, Police Station Gorakhpur, jabalpur, belonging to comlainant Vivyan Parera, at that time they were with deadly weapons and during this they caused grievous injuries to Vivyan Parera, prakash and Hairi Joseph by creating criminal intimidation to cause their death and thereby they committed offence as defined under Section 395 and 397 of i. P. C.

(3.) A first information report was lodged with Police Gorakhpur, jabalpur regarding incident as Crime No. 400/04 under the above said sections. After holding investigation a charge-sheet was submitted with Police report under Section 173 of the Code in which it was said that the 90 days are going to be completed from the date of arrest of some accused then the charge-sheet was submitted with further contention that further charge-sheet would also be submitted against the remaining culprits. But, it is an undisputed fact that till today no any other charge-sheet has been submitted by the prosecution.