SHAILENDRA AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the order dated 4-3-2009 passed by IX ASJ, Indore in Criminal Revision No. 21/2009 whereby the order dated 29-12-2008 passed by JMFC, Indore in Criminal Case No. 323/2004 whereby the application filed by the respondent under Section 319, Cr.PC for impleading the petitioner as accused was allowed, was confirmed, the present petition has been filed.

(2.) SHORT facts of the case are that upon the complaint lodged by one Arun Kumar Modi a case was registered against Saifuddin and Mahendra Rathi for the offence punishable under Sections 420, 467, 468 and 471, IPC. After taking cognizance and also after framing of charge the case was fixed for recording of evidence. The statement of complainant/Arun Kumar Modi was recorded in part, thereafter the case was adjourned for the purpose of cross-examination, thereafter an application for compromise was filed by the complainant and the accused/Saifuddin which was allowed in part and parties were permitted to settle the dispute for the offence punishable under Section 420, IPC which was compoundable, however, so far as offence under Sections 467, 468,471, IPC is concerned, the application was dismissed as the offence is non- compoundable and case was listed for recording of further evidence. Thereafter and application was filed by the respondent under Section 319, Cr.PC for impleading the petitioner as accused. The application was allowed by the learned Trial Court against which revision petition was filed by the petitioner which was dismissed, hence this petition.

(3.) SECTION 319 (1), Cr.PC reads as under :- 319. Power to proceed against other persons appearing to be guilty of offence.- (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.