Madhya Pradesh High Court
Ajit Kumar Dasani vs The State Of Madhya Pradesh on 23 October, 2021
Author: Vishal Mishra
1 MCRC-47600-2021
The High Court Of Madhya Pradesh
MCRC-47600-2021
(AJIT KUMAR DASANI Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 23-10-2021
Heard through Video Conferencing.
Shri Aman Dawra, Advocate for the petitioner.
Shri Kaustubh Singh, Panel Lawyer for the respondent-State.
The present petition under Section 482 has been filed challenging the order
dated 16.2.2021 and 6.7.2021 whereby the case of the petitioner has been rejected.
It is submitted that in pursuance to the offence registered under Section 420
of the I.P.C. as well as under Section 26(2)(ii) r/w 51, 52 of the F.S.S.A., the Police
authorities have completed the investigation and has filed the charge-sheet before the
competent court. The charges were framed by the learned trial Court. Being
aggrieved by the framing of the charges, a revision was preferred by the petitioner
before the II A.S.J. Jabalpur which was considered and rejected by the Sessions Court
pointing out the fact that u/s 397(2) of the Cr.P.C., the revision against framing of
charges was not maintainable.
Learned counsel for the petitioner has placed reliance upon the judgment
passed by the Supreme Court in the case of Asian Resurfacing of Road Agency
Pvt. Ltd. Vs. Central Bureau of Investigation reported in (2018) 16 SCC 299
and 2021 SCC OnLine Sc 367 Sanjay Kumar Rai Vs. State of Uttar Pradesh and
another, and has argued that in similar circumstances the Hon'ble Supreme Court has
held the revision against framing of charges maintainable under Section 397(2) of
Cr.P.C.
It is submitted that a glaring illegality has been committed by the learned
Sessions Court, therefore, the matter deserves to be remanded back for
reconsideration on merits.
Learned counsel for the State although has supported the impugned order but
could not distinguish the judgments passed by the Hon'ble Supreme Court in the
aforesaid cases. He has fairly submitted that the law laid down in the aforesaid cases
is fully applicable to the facts and circumstances of the case of the present case also.
Thus, he has submitted that the matter may be remanded back to the Sessions Court
Signature Not Verified
SAN for reconsideration on merits.
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2021.10.26 14:11:58 IST
2 MCRC-47600-2021
Heard learned counsel for the parties and perused the record.
As far as maintainability of revision against the framing of charges is
concerned, the Hon'ble Supreme Court in the case of Sanjay Kumar Rai (supra),
considering the judgment passed in the case of Asian Resurfacing of Road Agency
Pvt. Ltd. (supra) has held as under:-
"16-The correct position of law as laid down in Madhu Limaye
(supra), thus, is that orders framing charges of refusing discharge are
neither interlocutory nor final in nature and are therefore, not
affected by the bar of Section 397(2) of Cr.P.C.. That apart, this Court
int he above-cited cases has unequivocally acknowledged that the
High Court is imbued with inherent jurisdiction to prevent abuse of
process or to secure ends of justice having regard to the facts and
circumstances of individual cases, As a caveat it may be stated that the
High Court, while exercising its afore-stated jurisdiction ought to be
circumspect. The discretion vested in the High Court is to be invoked
carefully and judiciously for effective and timely administration of
criminal justice system. This Court, nonetheless, does not recommend
a complete hand off approach. Albelt, there should be interference,
may be, in exceptional cases, failing which there is likelihood of
serious prejudice to the rights of a citizen. For example, when the
contents of a complaint or the other purported material on record is a
brazen attempt to persecute an innocent person, it becomes imperative
upon the Court to prevent the abuse of process of law."
In such circumstances, the order impugned is unsustainable and is hereby set
aside.
The matter is remanded back to the concerning Sessions Court for re-
consideration on merits.
The M.Cr.C. is disposed of in the aforesaid terms.
C.C. as per rules.
(VISHAL MISHRA)
JUDGE
Signature Not Verified
SAN
irfan
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2021.10.26 14:11:58 IST
3 MCRC-47600-2021
Signature Not Verified
SAN
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2021.10.26 14:11:58 IST
