KAMLESHSAHU Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has preferred this revision under Section 397/401, Cr. P. C. against the order dated 13-12-2004 passed by Judicial Magistrate, First Class, deori, District Sagar (M. P.) in Criminal Case No. 139/03 whereby applicant has been impleaded as an accused suo motu by invoking the power of Section 319 of Criminal Procedure Code (for short 'the Code') without examining any witness of prosecution, hence this revision.

(2.) IT is an undisputed fact that Gourjhamcr police has submitted a charge-sheet in the Trial Court against some accused except the applicant regarding offence under Sections 147,148,149,323,324,427 and 506-B of I. P. C. with under Section 25/27 of the Arms Act. The said Court at initial stage, when the prosecution has not examined any of the witnesses in support of its case only on the basis of evaluation of the charge-sheet suo motu by invoking Section 319 of Code has taken cognizance against the applicant under Sections 452,324/149, 147,427 and 506, IPC and impleaded him as an accused along with other accused. Therefore, this revision is preferred on the ground that before recording any statement of the prosecution witness more on the basis of evaluation of the charge-sheet provision of Section 319 of the Code could not be invoked for impleading to applicant as an accused but by brushing aside the provision the impugned order has been passed and to secure the presence of applicant a bailable warrant was also directed against him.

(3.) HAVING heard the respective parties, and having perused the impugned order and the averments made in the revision memo, I am of the view, that at this stage, this revision deserves to be allowed.