Kishan Singh Narwaria vs Ravindranath Bhurgawa
2023 Latest Caselaw 6143 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                ON THE 17 th OF APRIL, 2023
                                          CRIMINAL REVISION No. 1034 of 2001

                          BETWEEN:-
                          KISHAN SINGH NARWARIA, AGED ABOUT 63 YEARS,
                          SON OF LATE SHRI ATMA RAM SINGH, PARACTICING
                          LAWYER, R/O MANAS NAGAR, DISTRICT JABALPUR
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (NONE )

                          AND
                          1. RAVINDRANATH BHURGAWA, S/O BHOLA NATH
                          BHARGAWA, CULTIVATOR, AGED 59 YEARS, R/O
                          BEHIND MANASNAGAR COLONY, BETUL (MADHYA
                          PRADESH)
                          2. STATE OF M.P. THROUGH P.S. BETUL,
                             DISTRICT BETUL, M.P.

                                                                                      .....RESPONDENTS
                          (NONE FOR RESPONDENT NO.1.
                          SHRI PRADEEP DWIVEDI - PANEL LAWYER FOR RESPONDENT NO.2/
                          STATE. )

                                T h is revision coming on for orders this day, t h e cou rt passed the

                          following:
                                                             ORDER

On a perusal of the impugned order, it is revealed that complaint filed by applicant against respondent for commission of offence under Section 500 of Cr.P.C. was directed to be registered by the learned Judicial Magistrate First Class. Order was assailed by filing a revision before 1st ASJ, Betul, who by the impugned order dated 18.7.2001 allowed the revision and set aside the order of taking cognizance by the learned JMFC as no primafacie case under Section Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/18/2023 11:12:33 AM

500 of IPC is made out.

I have gone through the impugned order passed by the learned 1st ASJ. Learned Additional Sessions Judge in the impugned order has observed that police has already filed charge sheet against the applicant. Therefore, it cannot be said that imputations made by the revisionist against applicant were false unnatural or baseless. Learned ASJ has considered all the material on record. It is noteworthy that when a charge sheet filed by police was pending before the competent Court and no final judgment was passed by the Court, there will no reasons to infer that criminal case had been filed to defame the applicant.

Thus, the order passed by the learned Additional Sessions Judge does

not suffer from any illegality, incorrectness or impropriety and same does not warrant any interference from this court. As no perversity is visible in the impugned order, this revision being devoid of merit is dismissed.

Trial court record along with a copy of this order be sent down to the court concerned through Sessions Judge, Betul.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/18/2023 11:12:33 AM