WASEEM SIDDIQUE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant has preferred this revision under Section 379/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code") against the order passed on 29-7-2004 by Additional Sessions Judge, Nasrullaganj District Sehore in Sessions Trial No. 2/04 for quashing the order of framing of the charges against the applicant.

(2.) THE prosecutrix lodged one complaint on 12-8-2001 in Police Station Budhni and the crime was registered under Sections 376,342 read with Section 34 of IPC and also under Section 3 (1) (vii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Even after recording of statements of witnesses, charge-sheet was not filed. Thereafter, a criminal complaint was filed by the prosecutrix but the same was dismissed by Judicial Magistrate, I Class, Budhni vide order dated 17-12-2002. Feeling aggrieved by this order, the prosecutrix preferred a criminal revision under Section 397 of the Code, which is still pending for final hearing. In the meanwhile, the non-applicant (Police Authority) registered a criminal case against applicant and other co-accused persons under Sections 182, 211 and 109 of IPC and filed a criminal complaint. This complaint case was committed to the Sessions Court vide order dated 10-12-2003 and the Sessions Court framed the charge under Section 109 of IPC against the petitioner.

(3.) AGAINST the order of framing of charges, this revision has been preferred on the grounds that the revision petition filed by the prosecutrix is still pending in the Sessions Court and admitted for final hearing, therefore, the registration of the criminal case by the police authorities was not within their powers. The Magistrate had not jurisdiction to dismiss the complaint as the case was triable by the Court of Session. The order passed by the Court below suffers with material irregularity and is liable to be quashed.