GANESH PRASAD GARG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed by the applicants namely applicant no.1- Ganesh Prasad Garg and applicant no.2- Bablu Mishra being aggrieved by the impugned order dtd. 24/5/2025 passed in S.T. No.07 of 2025 (State of M.P. Vs. Rajju and others) by learned Additional Sessions Judge, of the Court of Additional Sessions Judge, Lavkush Nagar, District Chhatarpur, M.P. whereby an application under Sec. 213 of B.N.S.S. filed by the respondent no.2- Jitendra Mishra - complainant was allowed the applicants have been arrayed in the array of accused persons and process has been issued to the applicants to appear before the trial court.

(2.) The ground of revision is that the order dtd. 24/5/2025 (Ann.A-6) is bad in law because learned Trial court was not justified in invoking Sec. 213 of B.N.N.S., 2023 (the old Sec. 193 of Cr.P.C.) as the applicants were not charge sheeted by the prosecution.

(3.) After conducting investigation and as per material available in the charge sheet it was found that there is no involvement of the applicants and they were not present on the alleged place of incident. Therefore provisions of Sec. 213 of B.N.N.S., 2023 could not be invoked against them on the basis of material available.