Guddu @ Ramendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7795 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 11 th OF MAY, 2023
               MISC. CRIMINAL CASE No. 20791 of 2023

BETWEEN:-
GUDDU @ RAMENDRA SINGH S/O SHRI MOHAN SINGH
YADAV, AGED ABOUT 53 YEARS, R/O VILLAGE
MANGROL TEHSIL SEONDHA, DISTRICT- DATIA
(MADHYA PRADESH)


                                                       .....PETITIONER

(BY SHRI BRIJENDRA SINGH YADAV- ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION- MAU DISTRICT- BHIND (MADHYA PRADESH)

                                                              .....RESPONDENT
(BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

Petitioner/accused filed this petition under Section 482 of Cr.P.C. for quashing the FIR which was registered at P.S. Mow, District Bhind bearing crime No.96/2007 for the offence punishable under Sections 302, 307, 147, 148, 149, 341, 494 of IPC as well as entire proceedings which is initiated on the basis of FIR as ST No.153/2008.

In brief, the prosecution case is that on the basis of the informant Ashok a Dehati Nalisi was registered against 13 persons alleging that on 28.08.2007 the brother and uncle had gone to worship at Dandraua Temple and they were

returning back on their motorcycle, the other co-accused persons had stopped them and started scolding them and when the complainant stopped them, on the other hand co-accused persons had started beating the deceased, due to which deceased has died. On the basis of said incident, FIR was registered at P.S. Mau, District- Bhind (M.P.) bearing crime No.96/2007 for the offence punishable under Sections 302, 307, 147, 148, 149, 341, 494 of IPC against the applicants. During investigation, all the accused persons were arrested and after completion of investigation, charge-sheet against aforesaid persons was submitted before the concerned Court. During committal Court, A.D.P.O. made oral submissions that present applicant/accused is also involved in the

crime that he should be made accused. Learned Trial Court took cognizance against present applicants on the basis of memorandum. During investigation statement of co-accused persons was record under Section 27 of Evidence Act in which they took name of present applicants/accused that they were also present on the spot. On the basis of memorandum, took cognizance.

Learned counsel for the petitioner made submission that name of applicants was not in the F.I.R. Petitioner has been implicated in the present case only on the basis of memorandum recorded under Section 27 of Evidence Act which is not at all admissible. There is no recovery from the present applicants/accused. Cognizance taken by the Court below is not sustainable. In support of his contention, counsel for the petitioner relied upon a judgment passed by the co-ordinate Bench of this Court in Pradeep Sharma Vs State of M.P. passed in CRR No.1789/2020 dated 14.08.2020.

Learned State counsel has conceded the arguments advanced by the learned counsel for the petitioner.

Heard the learned counsel for the parties and perused the record available

on record.

Looking to the facts and circumstances of the case, FIR which was registered at P.S.- Mau, District- Bhind (M.P.) bearing Crime No.96/2007 for the offence punishable under Sections 302, 307, 147, 148, 149, 341 and 494 of IPC as well as entire proceedings pending in S.T. No.153/2008 against the petitioner is hereby set aside.

The application is allowed and disposed of.

C.c. as per rules.

                                                                                        (DEEPAK KUMAR AGARWAL)
                                                                                                 JUDGE
              Adnan

ADNAN    Digitally signed by ADNAN HUSAIN
         ANSARI
         DN: c=IN, o=HIGH COURT OF MADHYA
         PRADESH BENCH GWALIOR, ou=HIGH
         COURT OF MADHYA PRADESH BENCH



HUSAIN
         GWALIOR,

2.5.4.20=43f3ff8f444225f9f0d9c30497105 abb80e91238ac53cf96a7b005e256158275 , postalCode=474001, st=Madhya Pradesh, serialNumber=922E3DC382E0127257CE0

ANSARI DCC4E29CD410E0BF39FAB6AA6DCB8167 5BB2AF2DFCF, cn=ADNAN HUSAIN ANSARI Date: 2023.05.11 19:28:19 +05'30'