RAJVEER AND OTHERS Vs. STATE OF MP

JUDGEMENT

(1.) This petition filed under Section 482 of the Code of Criminal Procedure (CrPC) is directed against the order dated 28.11.2011, passed by Judicial Magistrate First Class (JMFC) Kolaras, District Shivpuri in Criminal Case No. 1077/2006. The Revisional Court's order passed in CR No.197/2011 dated 12.11.2014 is also called in question, whereby the order of learned JMFC is affirmed.

(2.) Shri Vivek Jain, learned counsel for the petitioner, contended that as per the story of the prosecution, the offence under Section 394 is not made out. It is urged that the court below should have taken action under section 323 CrPC. It is further urged that Section 394 IPC is attracted only when there is an injury on the complainant. The court was only required to see the contents of FIR. The court was not required to see the material collected by the police during investigation. It is submitted that on the basis of allegations of FIR, no case is made out against the petitioners and if prosecution is permitted to continue, it will amount to abuse of process of Court. Lastly, it is contended that the statement of complainant recorded under Section 161, CrPC, shows that he went to Banmore on his own. Hence, section 394 IPC is not attracted.

(3.) Shri Kamal Jain, learned Government Advocate opposed the said relief and submitted that no interference is warranted.