KANTISINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure [in brief "the Code"] has been filed against the order dated 11.02.2015, whereby JMFC, Khategaon, District Dewas took the cognizance against 11 persons including the applicant ­ Kantisingh for the offences under Sections 379, 452 and 323 of IPC.

(2.) Non-applicant No.2 ­ Rohansingh filed a complaint against 11 persons including the applicant stating that on 20.04.2012 when he was going by bus to Harda and on way when he alighted the bus at Nemawar to take breakfast, at that time his bag containing gold and silver ornaments and cash has been stolen by the applicant and his companions. Non-applicant No.2 has immediately informed the incident to Police Station Nemawar but they have not taken any action. On 13.05.2014 the applicant along with the other co-accused entered into the house of the Non-applicant No.2 and they have beaten him by legs and fists. The Non- applicant No.2 has filed the complaint on 17.06.2014. Learned Magistrate after inquiry, took the cognizance against 11 persons including the applicant for the aforesaid offences and issued summons. Being aggrieved, the applicant has filed this petition.

(3.) Learned counsel for the applicant submits that Non-applicant No.2 and other witnesses ­ Ramsingh, Thakursingh and Kishansingh, have not stated that the present applicant had stolen the bag or had beaten the Non- applicant No.2. Thus, there is no evidence against the applicant for taking cognizance for the aforesaid offences. In such circumstances, the order of taking cognizance be quashed.