Full Judgment
1 Cr.R.No.145/2012 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR SINGLE BENCH: HON’BLE SHRI JUSTICE A.K.SHRIVASTAVA CRIMINAL REVISION NO.145/2012 APPLICANT : Dinesh Jaiswal, S/o.
Babulal Jaiswal, R/o.
Ward No.32, Motinagar, Police Station Kotwali, Tehsil and District Balaghat (M.P.) Versus RESPONDENTS:
1.
Poornkumar Adwani S/o.
Jethanand Adwani, R/o.
Ward No.32, Motinagar, Police Station Kotwali, Tehsil and District Balaghat (M.P.) 2.
Mahendra Surana, S/o.
Dhanraj Surana, R/o.
Ward No.6, Balaghat, Police Station Kotwali, Tehsil and District Balaghat (M.P.3.
Dr.Rishab Jain, S/o.
Motilal Jain, R/o.
Ward No.9, Gujari Chowk, Balaghat, P.S.Kotwali, Tehsil and District Balaghat (M.P.) 4.
KIrti Kumar Lithare, S/o.
Shankarlal, R/o.
Village Aarwalajhari, P.S.Kotwali, Balaghat, Tehsil and District Balaghat (M.P.) 5.
Ganesh Giri Goswami, S/o.
Shri Krishnagiri Goswami, R/o.
Ward No.32, Shantinagar, Moti Talab Road, Balaghat (M.P.) 2 Cr.R.No.145/2012 6.
State of Madhya Pradesh Through P.S.Kotwali, Balaghat, District Balaghat --------------------------------------------------------------------------------------- Applicant by Shri D.D.Bhargava, Advocate.
Respondent No.1 to 3 by Shri Sankalp Kochar, Advocate.
Respondent no.6-State by Shri Anubhav Jain, Public Prosecutor.
None for respondents no.5 and 6, though served.
--------------------------------------------------------------------------------------- ORDER
(19.09.2013) This revision application under Section 397/401 of Cr PC has been filed by the applicant against the order dated 15.11.2011 passed by learned Additional Judge to FiRs.Additional Sessions Judge, Balaghat in Criminal Revision No.102/2009 whereby revision application of respondent no.1 to 5 was allowed and they were discharged.”
2. On bare perusal of the order of Chief Judicial Magistrate, Balaghat dated 03.07.2009 it is gathered that said Court has directed the Station House In-charge Kotwali, District Balaghat to register a case under Sections 417, 423, 424/34 of IPC against these respondents by exercising the power under Section 156(3) of Cr PC.
3 Cr.R.No.145/2012 3.
On going through the impugned order passed by learned Additional Sessions Judge, I find that he has not committed any error in discharging the respondent no.1 to 5 for the simple reason that because all the offence under which case has been registered by respondent no.6 are non-cognizable.”
4. This revision application is accordingly dismissed.
(A.K.Shrivastava) Judge 19.09.2013 SS