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2019 Supreme(SC) 198

L.NAGESWARA RAO, M.R.SHAH
State Of Madhya Pradesh – Appellant
Versus
Dhruv Gurjar – Respondent


Advocates Appeared:
Mr. Varun K.Chopra, Advocate (DAG), Ms. Swarupama Chaturvedi, Advocate, Mr. B. N. Dubey, Advocate, Mr. Mukesh Kumar, Advocate, Ms. Indira Bhakar, Advocate, Ms. Aparna Trivedi, Advocate and Mr. Santanu Singh, Advocate, for the Appellant; Mr. Lakhan Singh Chauhan, Advocate, Mr. Hitesh Kumar Sharma, Advocate, Mr. Narender Singh, Advocate and Mr. Binay Kumar Das, Advocate, for the Respondent

JUDGMENT

M.R. Shah, J.

Leave granted in both the special leave petitions.

2. As common question of law and facts arise in both these appeals, they are being disposed of by this common judgment and order.

Criminal Appeal @ SLP(Criminal) No. 9859 of 2013

3. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 8.4.2013 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Miscellaneous Criminal Petition No. 2572/2013, by which the High Court has allowed the said application preferred by the respondents herein/original accused (hereinafter referred to as the 'Accused'), and in exercise of its powers under Section 482 of the Code of Criminal Procedure, has quashed the proceedings against the accused for the offences punishable under Sections 307, 294 and 34 of the IPC, the State of Madhya Pradesh has preferred the present appeal.

4. The facts leading to this appeal are, that an FIR was lodged against the accused at police station, Kotwali, District Datia for the offences punishable under Sections 307, 294 and 34 of the IPC, which was registered as Crime No. 552/2012. It was alleged that at about 8:00 p.m. in the night on 17.12.2012 when after distributing th

























































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