ORDER

Sanjay Dwivedi, J. - Looking to the issue involved in the matter, it was heard and this day it is pronounced.

2. This criminal revision has been filed under Section 397/401 of CrP.C. challenging the order dated 17.04.2023 passed by the Special Court (MP/MLA) Gwalior in Case No.9/2022SCPPS.

3. By the impugned order, the trial Court has decided an application moved by the prosecution under Section 319 of CrPC requesting therein that in view of the statement of complainant Narendra Singh Parmar and Virendra Kumar Gupta, recorded before and after charge, Rajendra Bharti and Rakesh Bharti, who have played significant role in the alleged crime should be made accused. It was also requested in the application that Rghuveer Sharan Prajapati S/o. Ramdas Prajapati be also made accused and summons be issued to them.

4. The court after considering the statement of Narendra Singh Parmar, Virendra Kumar Gupta and Raghuveer Sharan Prajapti arrived at a conclusion that Rakesh Bharti had no role to play and he was not required to be incriminated and as such application in respect of Rakesh Bharti was rejected. However, the court has found that on the basis of evidence and material produced before,