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2015 Supreme(SC) 262

PINAKI CHANDRA GHOSE, R.K.AGRAWAL
State of Madhya Pradesh – Appellant
Versus
Rakesh Mishra – Respondent


JUDGMENT

Pinaki Chandra Ghose, J.

1. Leave granted in both the matters.

2. These appeals arise out of the judgment and order dated 18th May, 2007 passed by the High Court of Madhya Pradesh (Indore Bench), disposing of Criminal Revision Petition Nos.636/2007, 610/2007 and 566/2007 which were filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973. By the impugned judgment the High Court of Madhya Pradesh has allowed the three revision petitions, setting aside the orders of the First Additional Judge/ Special Judge, Indore, for framing charges against three accused persons, namely, Rakesh Mishra, Gyanendra Singh Jadon and Sajid Dhanani. It may be noted that the State has assailed the impugned judgment only against Rakesh Mishra and G.S. Jadon.

3. The brief facts of the case are that Sajid Dhanani is the Managing Director of the Sayaji Hotel situated at Scheme No.54, Near Meghdut Gardan, Vijay Nagar, Indore. Gyanendra Singh Jadon was working at the relevant time as Building Officer posted at Municipal Corporation, Indore and Rakesh Mishra was working as Sub-Engineer, Municipal Corporation, Indore. It is alleged that these three accused hatched a criminal











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