Full Judgment
1 Criminal Revision No.643/12 03.08.2012 Shri M.A.Khan, Advocate for petitioner.
Shri Akshay Namdeo, PL for State.
Heard on IA No.8082/12, an application for taking documents on record.
Since the documents (challan papeRs.may be helpful in deciding this petition, hence, application (IA 8082/12) is allowed.
Documents are taken on record.
Also heard on IA No.7208/12, an application for stay.
Learned counsel for petitioner submits that there is no prima facie evidence and nexus to link the petitioner with the crime.
The only allegation is that the alleged vehicle which was looted by committing murder with dacoity was found in the premises said to be of the petitioner and that was kept by co-accused Gulam Ansari who has narrated that other accused persons approached him with the vehicle and confessed that they looted the vehicle by committing murder of driver Sheikh Sanawar.
Counsel submits that there is only memorandum of co-accused Gulam that vehicle was kept in the premises.
He submits that merely by keeping the vehicle in the premises, it cannot be 2 gathered that petitioner was involved in the crime, and charges for offence punishable under Sections 120-B, 396, 302, 201 of IPC have been wrongly framed on petitioner Raja.
Looking to the circumstances of the case, further proceedings pending in ST No.307/11 before 3rd ASJ.Chhindwara, with respect to petitioner Raja only, shall remain stayed till next date of hearing.
Matter will be heard finally at motion stage in week commencing from 27.8.2012.
C.c.as per rules.
(M.A.Siddiqui) Judge.
Jk.