High CourtsSingle Bench(2014) 04 MP CK 0068

Anil vs State of M.P.

Madhya Pradesh High Court · Decided on 24 April 2014

HON’BLE JUDGES
Subhash Kakade, J
CASE NUMBER
Cr. R. No. 1279 of 2012

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Judgment

4 paragraphs · 230 words

Subhash Kakade, J.—This Revision u/s 397/401 of Cr. P.C. has been filed by the applicant against the order dated 29/02/2012 passed by learned IVth Additional Sessions Judge, Sagar in S.T. No. 76/2012 framing charges against the applicant for the offence punishable under Sections 420 read with Section 109/114, 467 read with Section 109/114, 468 & 471 of IPC.

2.

This Revision is of the year 2012. As none is appeared on behalf of the applicant, it seems that the applicant has lost interest in prosecuting the case. On this ground alone, this revision deserves to be dismissed.

3.

After hearing learned Government Advocate and after perusing the record, I do not find any illegality or perversity in the impugned order dated 29/02/2012 warranting interference by way this Revision petition against framing of charge. There is no need to sift and weigh or appreciate the prosecution evidence as well as defence available to the applicant and come to the conclusion that no prima facie case is made out nor could be exercised to stifle a legitimate prosecution. It is a settled legal proposition that in a case where there is sufficient evidence against the accused which may establish the charge against him/her, the proceeding cannot be quashed - S. Khushboo Vs. Kanniammal and Another, . Therefore, on merits also, this revision deserves to be dismissed.

4.

Accordingly, the revision is dismissed.