UDAY UMESH LALIT,J. - (1.) Leave granted.
(2.) In connection with Crl. Case No.2/2009 filed against the appellant for the offences punishable under Section 326, 294 IPC and Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, a Final Report under Section 173(2) of Cr.P.C. was filed on 20.06.2009 submitting that no offence was found to have been committed by the appellant.
(3.) The matter was thereafter taken up by the Chief Judicial Magistrate, Vidisha, M.P and following order was passed on 22.06.2013. "A.D.P.O. is presesnt for the State. The case is fixed for order on closure. Final report was present by P.S. Ajak, Vidisha on 20.06.2009 under Section 326, 294 of IPC and Section 3(1) (10) of S.C/S.T. Act was registered against the Ramswarup Soni on the report of complainant Kishor Kumar. Since, sufficient evidence was not found by P.S. during the course of investigation, therefore, closure report was presented. The statement of complainant Kishore Kumar was recorded regarding aforesaid closure report. The complainant has stated in his statement that Police has deliberately not presented charge-sheet, nor has lodged a report in a proper manner. Complainant has expressed his objection in allowing closure report. Case diary was perused. Sufficient evidence is available on the record to submit charge-sheet against the accused Ramswaroop Soni, in this situation, while rejecting aforesaid closure report, the SHO of P.S. Ajak is hereby directed to submit charge-sheet against the accused in the Court. A copy of this order be attached in the case diary and case diary be returned back to the Police Station. Remaining documents be filed in a bundle." ;