It is noted that this application is preferred alongwith affidavits of some victims as well as copy of the entire chargesheet alongwith the Police report filed under Section 173, Cr.P.C. In such chargesheet case-diary statements of as many as 08 witnesses, namely, Vikas Sharma, Sudhir Sethia, Mahesh Katare, Kamal Singh Parihar, Vinod Kumar Joshi, Akhilesh Ojha, Vinod Kumar Shivhare and Sunil Shrivastava are annexed and available on record.In the course of arguments, in response to some query of the Court based on the evidence available in the chargesheet including the interrogatory statements of Akhilesh Ojha and Sunil Shrivastava instead to argue, the learned counsel for the applicant at this stage seeks permission to withdraw this petition with liberty to revive the prayer at subsequent stage by mentioning some additional facts and circumstances.Considering the aforesaid, the petition is hereby dismissed as withdrawn as well as not pressed with aforesaid liberty.Before parting with the matter we would like to mention here that during the course of the arguments, applicant's counsel has referred the photocopies of certified copy of the order dated 2 MCRC No.3429/2016 (Udai alias Kanhai Chauhan Vs.State of MP) 09.06.2016 passed by the CJM Bhind (Shri Dhanraj Dubela) and the depositions of the examined prosecution witnesses, namely, Vikas Sharma (PW1), Sudhir Sethia (PW2) and Mahesh Katare (PW3), the same are taken on record.On perusing such ordersheet dated 09.06.2016 passed by said subordinate Court in Criminal Case No.435/16, we have found that such Court has permitted to the victims Mahesh Katare and Sudhir Sethia to compound the offences of Sections 420 and 406 of IPC with the applicant herein and subsided such offences and pursuant to that, the charges of Sections 420 and 406 of IPC were not framed against the applicant.On mere perusal of the Police report, it is apparent that as per list of the documents, various case diary statements of witnesses have been annexed with the chargesheet.On record alongwith chargesheet as many as 08 case-diary statements of witnesses have been placed.Mere perusal of the interrogatory statements of Akhilesh Oza and Sunil Shrivastava, prima-facie it is apparent that they were also victims of the applicant with whom also the alleged offence was committed and such evidence was very well before the trial Court, but such police statements of the victims were ignored.According to which, the offences of Sections 406 and 420 of IPC were also committed by the applicant in connection of victims but Presiding Officer of the trial Court contrary to such record has permitted the parties to compound the offences only at the request of the victims Vikas Sharma (PW1), Sudhir Sethia (PW2) and pursuant to such compromise the applicant has been acquitted from the charge of Sections 406 and 420 of IPC.We are of the considered view that the Presiding Officer of 3 MCRC No.3429/2016 (Udai alias Kanhai Chauhan Vs.State of MP) the trial Court while dealing with the compromise applications specially in the cognizable matter was duty bound to examine the matter thoroughly including the aforesaid case-diary statements of the other victims, but in the impugned matter Presiding Officer has considered the compromise application filed by some of the victims in a very casual manner contrary to the papers of the chargesheet.It is apparent from the chargesheet, that as per the prosecution case in the alleged scheme as many as 1200 members were made and from them the applicant was collecting the money in monthly installments by giving them the offer in the shape of Chit Fund Yojna.Although in the investigation all such members were not interrogated by the Police but in any case the aforesaid named two witnesses were also interrogated as victims.But in any case to consider the compromise application, the Presiding Officer of the trial Court merely on the basis of the application of the two victims named above could not acquit to the applicant.In such premises the trial Court by ignoring the material evidence of the chargesheet has wrongly acquitted the applicant from the charge of Sections 406 and 420 of IPC.Apart aforesaid in the available circumstances, the Principal Registrar of this Bench is hereby directed to register suo motu 4 MCRC No.3429/2016 (Udai alias Kanhai Chauhan Vs.State of MP) Criminal Revision against the order dated 09.06.2016 passed by the CJM Bhind (Shri Dhanraj Dubela) in Criminal Case No.435/16 as early as possible within 07 days and place such revision before the appropriate Bench for admission and further consideration.as per rules.

Cited provisions: Section 420 in The Indian Penal Code; Section 406 in The Indian Penal Code