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2016 Supreme(MP) 676
IN THE HIGH COURT OF MADHYA PRADESH
G.S. Ahluwalia, J.
Ajay Khemariya and another v. State of M.P. and another
Miscellaneous Criminal Case No.693 of 2016 (Gwalior) : against the order dated 30.11.2015, passed by Additional Sessions Judge (Special) Shivpuri in Criminal Revision No.136 of 2015; Decided on 8.12.2016.
S.K. Sharma for appellant;
Ms. Sudha Shrivastava, Panel Lawyer for respondent No.1/State.
Headnote:Criminal P.C., 1973 -- Ss.319 and 482 -- Penal Code, 1860 -- Ss.294, 323, 324, 506B and 34 -- offence under -- application under sectin 319 of Code, 1973 against applicants -- allowed -- revision rejected by Sessions Judge -- at this stage it cannot be said that no sufficient material available on record to summon applicants as an additional accused -- before invoking jurisdiction under, trial Court must come to a conclusion that evidence available on record is sufficient to record conviction -- contention that jurisdiction under cannot be excercised unless complainant is tested by cross-examination is rejected -- plea of alibi is required to be proved by cogent evidence before trial Court -- impugned order at this stage cannot be set aside -- petition dismissed.
Held : Thus, the contention of the counsel for the applicants that unless and until the evidence of the complainant is tested by cross-examination, the jurisdiction under section 319 of CrPC, cannot be exercised, is liable to be and is hereby rejected.
As it has already been observed that the plea of alibi is required to be proved by leading cogent evidence before the trial Court and, therefore, at this stage, the impugned order cannot be set aside by entertaining the defence of alibi of the applicants. (2013)6 SCC 384 and (2014)3 SCC 92 followed. (2000)3 SCC 262 referred to. (2015)9 SCC 244 and (2009)3 SCC 329 distinguished.
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1. The applicants have filed this petition under section 482 of Criminal Procedure Code challenging the order dated 30.11.2015 passed by Additional Sessions Judge/Special Judge, Shivpuri in Criminal Revision No.136/2015 arising out of order dated 21.5.2015 passed by JMFC, Shivpuri in Criminal Case No.718/2013.
2. The facts of the case necessary for the disposal of the application are that on 9.2.2013 at about 12:30 p.m., the complainant Kamaljeet Singh Gill lodged a FIR alleging that he is carrying on the business of property in Priyadarshini Colony. The applicant Ajay Khemaria has an adjacent plot. On the said plot, the applicant is constructing a house. Today, at about 11:30 in the afternoon, when the complainant Kamaljeet Singh Gill came out of his house for going to the market, at that time, the applicant Ajay Khemaria along with co-accused Gabbar Singh, Rinku Jain and others came there and due to previous enmity with regard to an old plot which is adjoining to the plot of applicant No.1 Ajay Khemaria, all started assaulting the complainant by fists and blows. The applicant No.1 Ajay Khemaria gave a knife blow on the left hand as a result of which he sustained injury. Gabbar Singh assaulted the complainant by means of lathi and co-accused Rinku Jain assaulted the complainant Kamaljeet Singh Gill by fists and blows. They were saying that the complainant should hand over the plot to them. They were also abusing him. On the alarm raised by the complainant Kamaljeet Singh Gill, Virendra Kashyap and Chhotu Rajak came on the spot and intervened in the matter. Accordingly, the police registered Crime No.102/2013 for offence under sections 294, 323, 324, 506B and 34 of IPC.
3. The complainant Kamaljeet Singh Gill was sent for medical examination and in MLC, the doctor found the following injuries :
(1) dressed wound, after opening wound, incised wound 6cmx1cm muscle deep over left mid forearm,
(2) abrasion 1cmx1cm over left knee joint,
(3) abrasion 1cmx1cm over left forehead,
(4) complain of pain in left eye,
(5) complain of pain on lower back however no mark of external injury was seen,
(6) contusion 1cmx1/2cm on front of left knee,
(7) contusion 1/2cmx1/4cm over left side of tongue,
(8) complain of pain over left lateral incisor and canine upper,
(9) 1/2cmx1/2cm over left cheek.
4. All the injuries were found to have been caused within 24 hours of the preparation of the MLC. A query was put to the doctor that whether the injury No.1 can be caused by the complainant himself or not and in reply to the said query, the doctor opined that the injury can be self inflicted.
5. During investigation, the police recorded the statements of complainant Kamaljeet Singh Gill, Virendra Kumar, Alok Indoria, Neeraj Sharma, Ranjeet Gupta, Ashish, Krishn Ballav Sharma, Praveen Goyal, Ashok and Chhotu Rajak.
6. On 20.2.2013, the applicant No.2 Rinku Jain submitted an application to SDO(P), Shivpuri stating that he is working as a correspondent in Jagran. On 9.2.2013, he along with applicant No.1 Ajay Khemaria had gone to cover the seminar organized by police in Hotel Sunrise on the topic “ Sensitive Working Culture for Women”. It was further stated that, in this program, the administration had called them as well as other correspondents also. On 10.2.2013, they got an information through the newspapers that one Kamaljeet Singh Gill has got an offence registered against them. It was found that the false case has been registered. Various persons were present in the function and, therefore, an application was made for fair and impartial investigation. It appears that on the basis of this application, the police recorded the statements of Alok Indoria, Narendra Sharma, Ranjeet Gupta, Ashish, Krishn Ballabh Sharma, Praveen Goyal, Ashok who have stated that on 9.2.2013, the police had organized a seminar in Hotel Sunrise which started at 10:00 a.m. and continued till 4:00 p.m. in which these witnesses along with the applicants were invited by the police and t
