RAMNARESH SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) Heard finally with the consent of both the parties. In this petition under Section 482 of the Cr.P.C, 1973, the petitioners have called in question legality, validity and propriety of the order dated 23/08/2018 passed by the Judicial Magistrate First Class, Lahar District Bhind (M.P.) in Criminal Case No. 314/2018 whereby application filed under Section 317 of the Cr.P.C for recalling the witness has been rejected. The petitioners also challenged the order passed in Criminal Revision No. 133/2018 vide order dated 13/06/2019 passed by Second Additional Sessions Judge, Bhind (M.P.) affirming the order.

(2.) Prosecution story in short is that accused persons ill treated the complainant and also meted out cruelty and harassment after the death of her husband and demanded the money for residing in the share of her husband's property. On 30/03/2011, the Investigating Agency registered the offence punishable under Sections 498A and 325 / 34 of the Indian Penal Code (In short "the IPC ") against the family members of the complainant.

(3.) The petitioners were examined under Section 313 of the Cr.P.C. Thereafter, the case was fixed for final hearing on 23/08/2018. The petitioners raised an objection that in the charge sheet date of incident is mentioned as 20/03/2011 in place of 30/03/2011. Petitioners preferred two applications (i) for amendment in the order-sheet (ii) application under Section 317 of the Cr.P.C for recalling the prosecution witnesses i.e. complainant/ respondent No.2, Dr. R.L. Sharma and Shr Kashiram i.e. Investigation Officer.