Awadh Bohre vs The State Of Madhya Pradesh
2023 Latest Caselaw 4580 MP

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                 IN         THE     HIGH COURT OF MADHYA PRADESH
                                          AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                       ON THE 23 rd OF MARCH, 2023
                                   CRIMINAL REVISION No. 4425 of 2019

               BETWEEN:-
               AWADH BOHRE S/O SHRI LAKHANLAL BOHRE, AGED
               ABOUT 41 YEARS, OCCUPATION: AGRIL. R/O RANNOD
               SHIVPURI (MADHYA PRADESH)

                                                                          .....PETITIONER
               (NONE FOR THE PETITIONER)

               AND
               1.          THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION RANNOD DISTT. SHIVPURI
                           (MADHYA PRADESH)

               2.          BANTI SIKARWAR @ NARENDRA SIKARWAR S/O
                           LAXMAN     SINGH R / O VILL RANNON DIST
                           SHIVPURI (MADHYA PRADESH)

               3.          BHARAT SIKARWAR S/O LAXMAN SINGH R/O
                           VILL RANNON DIST SHIVPURI (MADHYA
                           PRADESH)

               4.          JEETU TIWARI S/O BANWARI @ PAPI TIWARI R/O
                           VILL RANNON DIST SHIVPURI (MADHYA
                           PRADESH)

               5.          BANWARI @ PAPPI TIWARI S/O HARNARAYAN
                           R/O VILL RANNON DIST SHIVPURI (MADHYA
                           PRADESH)

               6.          MAZHAR KHAN S/O NISBUDDIN R/O VILL
                           RANNON DIST SHIVPURI (MADHYA PRADESH)

               7.     MUKHTYAR KHAN S/O NAJJU R/O VILL RANNON
Signature Not VerifiedDIST SHIVPURI (MADHYA PRADESH)
Signed by: MADHU
SOODAN PRASAD
Signing time: 24-03-2023                                                .....RESPONDENTS
09:52:11 AM
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                           Th is revision coming on for hearing this day, th e court passed the
               following:
                                                       ORDER

Lawyers are abstaining from the court work. Perused the documents available on record. Being aggrieved by dismissal of his application under Section 319 of Cr.P.C. vide order dated 13.8.2019 passed by the 6th ASJ, Shivpuri, in S.T.No.249/2016, petitioner has preferred this revision petition.

Brief facts of the case are that on the basis of complaint filed by the petitioner, charge-sheet has been filed against Bhura @ Nitin, Shivkumar @

Shera, Pradeep Pandey, Brijesh, Rajiv @ Raju, Seetaram and Murarilal by keeping the investigation pending under Section 173(8) of Cr.P.C. against Banti, Bharat, Jeetu, Banwari @ Pappi, Majhar Khan and Mukhtyar Khan. At this stage, application under Section 319 of Cr.P.C. has been filed by the petitioner for adding aforesaid persons as accused persons. Trial Court by impugned order dated 13.8.2019 has come to the conclusion that investigation is pending under Section 173(8) of Cr.P.C. against Banti, Bharat, Jeetu, Banwari @ Pappi, Majhar Khan and Mukhtyar Khan. In this situation, there is no justification to add the aforesaid persons as accused persons at this stage. Beside this, first application under Section 319 of Cr.P.C. has already been dismissed vide order dated 9.7.2018.

Having gone through the impugned judgment, this Court is of the considered opinion that there is no perversity or illegality in the impugned order passed by the Court below. This revision sans merit and is hereby dismissed. Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 24-03-2023 09:52:11 AM

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 24-03-2023 09:52:11 AM