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2010 Supreme(SC) 750

V.S.SIRPURKAR, CYRIAC JOSEPH
Madan Mohan Singh – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

V.S. Sirpurkar, J. —

1. The accused who faces prosecution for offences under Section 306 and 294(b) of the Indian Penal Code (IPC) comes up before us being aggrieved by the High Court judgment by which his petition under Section 482 Cr.P.C. was dismissed. In that petition the accused/appellant had challenged the First Information Report (FIR) registered as C.R. No. 166 of 2008 at Naranpura Police Station.

2. The said FIR is a long document which has been filed by one Harshida Ben, widow of Deepakbhai Krishnalal Joshi. It is apparent from the said report that she was married to Deepakbhai Krishnalal Joshi serving in Ahmedabad Bharat Sanchar Nigam Ltd. as a driver in the Microwave Project Department. He had undergone a heart bypass surgery in the year 2002 and he was asked by the doctor to avoid lifting heavy weights. She further stated that the appellant, Madan Mohan Singh was working as a D.E.T. and her husband who was driving a Tata Sumo car was working under Madan Mohan Singh (accused herein). She then complained that Madan Mohan Singh used to tell his private errands to her husband and was harassing him. Though Madan Mohan Singh was transferred, yet he kept on continuo












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