Order on Board

23.01.2023

1. This Petition has been filed under Section 482 Cr.P.C against the order dated 15.11.2021 passed by the JMFC, Korba in Criminal Case No.3293/2019, whereby the application filed by the Petitioners under Section 91 Cr.P.C at the stage of framing of charge has been dismissed.

2. Shri Kotecha, learned Counsel for the Petitioners submits that the State has filed the charge sheet under Section 341, 294, 506 and 427/34 IPC against the Petitioners/accused. He further submits that in para-1 of the Petition, inadvertently, it has been mentioned that the matter is fixed for evidence though the matter is fixed for argument before the charge and at that stage, the Petitioners have moved an application under Section 91 Cr.P.C seeking the location of the complainant which is a very crucial piece of information and even they tried to take out the location of the complainant through RTI but could not get satisfactory response from the concerned authorities as at the time of incident, the complainant was present elsewhere and a false and fabricated story has been cooked up, therefore, the trial Court has wrongly dismissed the said application. He placed reliance on the judg