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DINESH KUMAR PALIWAL
Devi Singh Meena S/O Hariram Meena – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This petition has been filed to invoke the inherent powers under Section 482 of Cr.P.C. assailing order dated 28.04.2022, passed in Criminal Revision No.75/2022 (Devi Singh Meena & Others Vs. State of M.P.) by 25th District and Additional Sessions Judge, Bhopal arising out of order dated 13.12.2021, passed by Shri Krishanpal Singh Sisodiya, JMFC by which in exercise of powers under Section 190(1)(a) of Cr.P.C, the Magistrate has taken cognizance against the applicants for offence punishable under Section 302/34 of IPC.
2. The necessary facts for disposal of this petition are that on 20.10.2020 at around 2:50 P.M. Ombabu Meena resident of village Barai, Police Station Bhopal informed Purendra Singh, Police Inspector/SHO Police Station Katara Hills that he is resident of Barai and is a farmer. Today at around 2:00 P.M. he was working in his compound in front of his house. His wife Jyoti and sister Seema were sitting in the Varandah of the house. His mother was roaming outside the Varandah. In the meantime his uncle Devi Singh’s son Raju Meena armed with axe along with his elder brother Jeevan Meena and father Devi Singh Meena uttering abuses came. Uncle Devi Singh exhorted Raju
The Magistrate's discretion to take cognizance is not bound by the investigating officer's opinion, and the plea of alibi must be proven at trial, not at the cognizance stage.
The main legal point established in the judgment is that the Magistrate is not required to record reasons for issuing process at the stage of taking cognizance based on the police report. The judgmen....
The duty of the Magistrate to take cognizance of the offence and proceed with the trial to ensure justice in cases of custodial death.
The Magistrate can take cognizance of a case independently of the conclusion arrived at by the investigating officer, based on the facts emerging from the investigation, as per the provisions of Sect....
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