D.R.YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner who is an accused in Criminal Case No.1235/2017 ( State of MP v. Ranveer Singh ) pending before the JMFC Dabra District Gwalior, has invoked the inherent powers of this Court u/S.482 of Cr.P.C . to assail the revisional order dated 04.10.2017 passed in C.R.No.38/2017 by FMFC Dabra, District Gwalior, dismissing the revision of petitioner and in the process upholding the interlocutory order dated 07.06.2016 of the learned trial Judge allowing the application u/S.319 of Cr.P.C preferred by the prosecution directing the petitioner to be arrayed as an accused and issuing summon.

(2.) Learned counsel for the rival parties are heard at length.

(3.) The bare facts reveal that the petitioner was named as one of the two accused in the FIR bearing Crime No.149/2007 registered at Police Station Biloa on 28.11.2007 in regard to the incident which occurred on the same day with the allegation against the petitioner that he assaulted the injured/complainant Yateesh @ Golu and caused injury of dismemberment of tooth with the aid of pointed object. During the investigation the superior police officer Dy. S.P. Dabra by report dated 17.03.2011 accepted the plea of alibi raised by the petitioner by holding that on the date and time of incident, petitioner was attending a party held at Takenpur BSF Institution on the occasion of promotion of Shri B.N. Sharma, DIG. Consequently, charge-sheet in the matter was filed only against the other co-accused Ranveer Singh and the petitioner was dropped from the array of accused. The trial progressed where the testimony of PW-1-Yateesh Sharma (injured), PW-2- Jainarayan Sharma (father of the injured), PW-3 Dr. A.K.Sharma, who recorded MLC, PW-4 Bhoorelal Pandey (eyewitness), PW-5 Dr. Alok Purohit (Dental Surgeon) were recorded on different dates from 15.07.2013 to 25.06.2015.