J U D G M E N T

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the impugned judgment and final order dated 25.02.2019 passed by the High Court of Madhya Pradesh at Indore Bench in Criminal Revision No.402 of 2019 in and by which the High Court has quashed the charges framed by the trial court/Additional Sessions Judge against respondent Nos.1 and 2/accused Nos.1 and 2.

3. Brief facts which led to filing of this appeal are as follows:-

On 24.12.2015, the husband of the complainant-Gopal Saran at about 06.00 pm went saying to prepare food as he is going outside to plough the field and shall return by 09.00-10.00 pm.

Signature Not Verified Even by 12.00 mid night, Gopal Saran did not return home; then Digitally signed by MAHABIR SINGH Date: 2019.12.03

17:47:03 IST Reason:

his wife Bhawna Bai, appellant herein tried to contact him over his mobile; but he did not receive the call. The appellant informed her father-in-law who tried to search the deceased and there was no information about the deceased. On the next morning at about 08.00 am, the appellant-complainant and her family members came to know from the neighbours that Gopal Saran was lying in the tank//hose in the field of the first respondent-Ghanshyam. The appellant has alleged that when she tried to approach her husband then Ganesh s/o Mohanlal Kushwah prevented her going near her husband and locked her in a room and did not allow her to see her husband. The dead body of Gopal Saran was taken to government hospital. The appellant-complainant alleged that without informing her, post-mortem of her husband was conducted. Merg No.94 of 2015 was registered for investigation under Section 174 Crl.P.C.;

but no case was registered against any person.

4. On 31.12.2015, the appellant made a written complaint before the Superintendent of Police, Khargaon and in spite of the same, no case was registered. Thereafter, the complainant-appellant filed a complaint before the Additional Chief Judicial Magistrate (ACJM), Kasrawad under Section 156(3) Crl.P.C. on 12.04.2016. The learned ACJM accepted the complaint and directed the Officer-in- Charge, P.S. Kasrawad to register the FIR under Section 302 IPC and proceed with the investigation. FIR was registered in Crime No.145 of 2016 under Section 302 IPC read with Section 34 IPC. Challenging the direction of ACJM to register a FIR, the State of Madhya Pradesh has filed revision before the Additional Sessions Judge, Mandleswar in Criminal Revision No.300051 of 2016. The said revision petition was dismissed vide order dated 27.10.2016.

5. Respondent Nos.1 and 2/accused Nos.1 and 2 have prayed for anticipatory bail and the same was dismissed by the learned Special Judge SC/ST (Prevention of Attrocities) Act, West Nimad, Mandleswar vide order dated 10.09.2018. Being aggrieved, respondent Nos.1 and 2 filed appeal before the High Court and the High Court had granted anticipatory bail to them vide order dated 19.09.2018. Against the grant of anticipatory bail, the appellant- complainant has filed SLP(Crl.) Diary No.39785/2018 before the Supreme Court in which the Supreme Court by order dated 14.12.2018 has issued notice. In the meanwhile, charge sheet has been filed against the accused-respondent Nos.1 and 2 under Section 302 IPC read with Section 34 IPC on 26.09.2018. Upon hearing the prosecution and also the respondents-accused, vide order dated 12.12.2018, the learned Second Additional Sessions Judge, Mandleswar has found that there are sufficient grounds for proceeding against the accused and framed the charges against the accused-respondent Nos.1 and 2 under Section 302 IPC read with Section 34 IPC.

6. Challenging the order of framing charges, respondent Nos.1 and 2 have filed revision before the High Court. Holding that, while framing charges, the court should apply the judicial mind and should give reasons in concise manner for framing charges and that the trial court has failed to apply its mind while framing charges, the High Court vi