RAKESH PANPURIA Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of parties, matter is finally heard. Invoking the extraordinary jurisdiction of this Court conferred under Section 482 of Cr. P. C, the petitioners have filed this petition under Section 482 Cr. P. C. against order dated 6-4-2009 passed by Second ASJ Gwalior in Criminal Revision No. 327/08 dismissing the revision filed by petitioners.

(2.) Facts in a nutshell giving rise to petition are that on the report of respondent No.2 at P. S. Manila Thana Padav in Crime No. 65/06 under Section 498-A/34 IPC has been registered against co-accused Charan Singh and others and the case is pending in the Court of JMFC Gwalior. During the pendency of trial one application under Section 319 Cr. P. C. has been filed by the complainant/respondent No. 2 and the trial Court has taken cognizance against the present petitioners and issued bailable warrant against them. Against that order revision was preferred which was dismissed by Second ASJ Gwalior. Hence this petition for setting aside the order of Court below.

(3.) It is contended on behalf of the petitioners that petitioner No. 1 was posted at Ashoknagar in Treasury Office from 21-8- 2006 to 6-10-2006 and petitioner No. 2 was also present in Treasury Office Gwalior on 17-9-2006 and 18-9-2006. They are government servants and during investigation Police has found that present petitioners are in no way involved in the crime, therefore, charge-sheet was not filed against them. Complainant has wrongly filed application under Section 319 Cr. P. C. and they are falsely implicated in the case. It is further contended that trial Court has not scrutinized the evidence produced in the case and complainant has maliciously implicated them. Therefore, proceedings initiated against them are to be vitiated as the order is perverse and contrary to law.