(1.) THIS petition under section 482 of the Code of Criminal Procedure [for shot ''the Code ''] has been filed against order dated 10.3.2014 passed by Vth Additional Sessions Judge, Indore in Criminal Revision No.233/2014 whereby affirmed the order passed by Chief Judicial Magistrate, Indore in Crime No.818/2012 on 19.2.2014.
(2.) BRIEF facts of this case are that the respondent No.3 has lodged a report at Police Station Sanyogitaganj Indore, then a Crime No.818/2012 for the offence 818/2012 under sections 341,294 and 506 of IPC was registered against the petitioner. After investigation on 6.11.2012 police has filed a closure report before CJM, Indore. Learned CJM has issued a notice to the respondent No.3 and after recording the statement of respondents No.2,3 and Investigating Officer, ignoring the conclusion arrived at by the I.O., has taken the cognizance for the aforesaid offence against the petitioner on 19.2.2014. Then petitioner preferred a revision before Vth ASJ. Learned ASJ has dismissed the revision and affirmed the order passed by the CJM, Indore. Being aggrieved with this orer petitioner has filed this petition under section 482 of the Code on various grounds.
(3.) LEARNED counsel for the petitioner submits that when the closure report was filed before the CJM, then he may accept the report or may direct for further investigation instead of he proceeded to record the statements of the witnesses. Thus, committed an error of law. Apart from this there is no reliable evidence against the petitioner for taking cognizance. ASI, Mahadeo Singh Bhadauriya who is, an independent witness stated that after investigation he found that the respondent No.3 has lodged a false report due to enmity. It is also submitted that alleged incident has taken place in a public place whereas none of the independent witness has produced to support the prosecution case. There is material contradictions between the statements of respondents No.2 and 3 so also the place of incident is changed in the spot map. In such circumstances, to continue this prosecution is a mere abuse of process of Court, therefore, it be quashed.