Supreme Court - Daily Orders
Sardar Singh Rawat vs The State Of Madhya Pradesh on 6 July, 2017
Bench: N.V. Ramana, Prafulla C. Pant
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1019 OF 2017
(Arising out of S.L.P.(Crl) No.2259 of 2014)
SARDAR SINGH RAWAT Appellant(s)
Versus
STATE OF M.P. AND ANOTHER Respondent(s)
O R D E R
We heard learned counsel for the parties at length.
Leave granted.
This appeal by special leave is directed against the judgment and order dated 27.9.2013 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Revision No. 250 of 2013, whereby the said Court allowed the revision and set aside the order of the trial Court framing the charge against the respondent No.2, a Sarpanch of Village Panchyat Khyawada Kala.
Ms. Bansuri Swaraj, learned counsel who is Signature Not Verified Digitally signed by SUKHBIR PAUL KAUR Date: 2017.07.11 appearing on behalf of the State of Madhya Pradesh 07:36:30 PKT Reason: has supported the complainant-appellant before us. Nobody turned up for Respondent No.2, even after 2 service of notice.
The brief facts of the case are that a complaint was made by the appellant against Respondent No.2 before the Chief Judicial Magistrate, Shivpuri, making allegations that the respondent No.2, by forging the signatures of Sarpanch had illegally withdrawn the public money from the joint account of village panchayat and mis-appropriated it. The complaint was sent by the Chief Judicial Magistrate exercising powers under Section 156(3) of the Criminal Procedure Code, and said authority directed the police to investigate the matter. Accordingly, the police registered the FIR No.288 dated 9.6.2010 and after investigation submitted charge sheet in respect of offences punishable under Sections 420, 467 and 468 IPC.
The trial Court, after hearing the parties framed the charge against the respondent No.2 qua above offences. The order of framing of charge was challenged by the respondent No.2 in the criminal revision before the High Court, which was allowed after discussing correctness of the evidence collected by the investigating officer.
On going through the impugned order, we find that the High Court appears to have failed to read all the statements of the witnesses and the documents of the Bank before opining as to whether the State Examiners 3 Report actually supports the prosecution or not.
In our opinion, at the time of framing of the charge, the High Court should not have examined the evidence, and if the ingredients of the alleged offence are made out from the evidence collected by the investigating officer, no interference should have been made at that stage. To what extent, the State Examiners Report, in the present case, supports the prosecution is a disputed question to be examined by the trial Court and on that ground, the framing of charge should not have been interfered with.
Therefore, we allow the appeal and set aside the impugned order passed by the High Court.
........................J. (N.V. RAMANA) ........................J. (PRAFULLA C. PANT) New Delhi, July 06, 2017 4 ITEM NO.7 COURT NO.9 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 2259/2014 (Arising out of impugned final judgment and order dated 27-09-2013 in CRLR No. 250/2013 passed by the High Court Of M.p At Gwalior) SARDAR SINGH RAWAT Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH & ANOTHER Respondent(s) Date : 06-07-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Bhupendra Singh, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) M. P. Shorawala, AOR (Not present) Ms. Bansuri Swaraj, Adv. Ms. Shivali Chaudhary, Adv. Mr. Prateek Rusia, Adv. For Mr. C.D. Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(SUKHBIR PAUL KAUR) (SHAKTI P. SHARMA)
AR CUM PS ASST.REGISTRAR
(Signed order is placed on the file)