RAMGOPAL Vs. ASHOK

JUDGEMENT

(1.) THIS miscellaneous criminal case has been instituted on an application under section 482 of the CrPC directed against order dated 12.2.2013 passed by the Court of 4th Additional Sessions Judge, Chhattarpur, in Criminal Revision No.2/2012, whereby order dated 20.12.2011 passed by the Court of Chief Judicial Magistrate, Chhattarpur, dismissing a private complaint under section 203 of the CrPC was affirmed.

(2.) THE facts necessary for disposal of this miscellaneous criminal case may briefly be stated thus: Deceased Dhaniram was elder brother of applicant Ramgopal Patel. He lived in his maternal uncle house at Brijpura. He had inherited property of his maternal uncle Sarju. Accused persons/respondents Ashok etc. who were cousins of the deceased, were also claiming the property on the basis of a will said to have been executed in their favour. The deceased Dhaniram was to appear before the Court of Tahsildar, Chhattarpur on 16.10.2007 in connection with case of mutation pending before that Court. However, the deceased was found murdered by means of a sharp -edged weapon in the morning of 15.10.2007. At that time Halke, another brother of deceased, was sleeping in the adjoining room.

(3.) FIRST information report was lodged at 8.40 am on 16.10.2007 in Police Station, Civil Lines, Chhattarpur, by the applicant Ramgopal Patel. In the FIR, no doubt was expressed against anybody. After investigation, police could not solve the case and filed a closure report in the Court of CJM, Chhattarpur.