PRATAP SINGH Vs. STATEOF M.P.

JUDGEMENT

(1.) This revision under section 397 read with Sec. 401 of the Crimial P.C. has been filed against the order dated 26.11.2015 passed by Addl. Sessions Judge (ASJ), Garoth, District Mandsaur in S.T. No. 250/2015 whereby allowed the application under section 193 and 319 of Crimial P.C. and directed for issuance of non-bailable warrant of arrest against the applicant.

(2.) Brief facts of the case are that the complainant Charansingh lodged a written complaint stating that on 3.7.2015 he along with his maternal uncle Gajendra Singh, grandmother Phoolkunwarbai, grand maternal father Dungarsingh went to their agricultural field where they were ploughing the land. At that time, Bajrangsingh, Ramsingh, Devisingh, Bajrang S/o. Vijay, Pappu, Govind, Mangu armed with iron rod and axe came there and started quarreling. They caused serious injuries to Gajendrasingh, Dungarsingh and Phoolkunwarbai. Gajendrasingh succumbed to the injuries. Crime No.298/2015 was registered at Police Station Garoth under section 147, 148, 149, 447, 323, 302 of the IPC. After completion of investigation final report has been filed against 7 persons. The case was committed to the Court of Sessions and it was made over to Addl. Sessions Judge (ASJ), Garoth for trial. Complainant Charansingh filed an application under section 193 and 319 of the Crimial P.C. on the ground that in his statement under section 164 of the Crimial P.C. stated that the present applicant Pratapsingh was also involved in the incident and has caused injury to the deceased Gajendrasingh. After hearing the parties, learned ASJ by the impugned order allowed the application and has taken the cognizance against the applicant Pratapsingh and issued non-bailable warrant against him. Being aggrieved, applicant has filed this revision.

(3.) Learned counsel for the applicant submits that the crime has been registered on the basis of written complaint made by complainant Charansingh to SHO, Jhalawad on 4.7.2015. Thereafter, police has recorded the statement of complainant and other witnesses on 4.7.2015 and in that there is no reference about the applicant. During investigation, on 21.7.2015, statement under section 164 of the Crimial P.C. of complainant was recorded and in that statement, complainant stated that the present applicant Pratapsingh was also present along with other co-accused and applicant has caused the injury by axe on both hands of the deceased Gajendrasingh. However, other eye-witnesses have not stated a word against the present applicant. He cited the judgment of Honourable Apex Court in the case of Sarabjeet Singh Vs. State of Punjab - AIR 2009 SC 2792 and submitted that powers under section 319 is an extraordinary power which has to be used very sparingly and only if compelling reasons exist for taking action against a person who had not been arrayed as accused earlier. In the present case, there is no compelling reason. From the statement of complainant Charansingh it reveals that he has improved his earlier statement and implicated the present applicant. Thus, the impugned order is not justified, therefore, it be set aside.