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2019 Supreme(SC) 803

D.Y.CHANDRACHUD, HEMANT GUPTA
Atul Shukla – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Petitioner(s):Sarvam Ritam Khare, Shweta Chaurasia, Meena Sehrawat, Advocates
For the Respondent(s):Sunil Fernandes, Nupur Kumar, Zeeshan Diwan, Priyansha Indra Sharma, Rahul Kaushik, Maheravish Rein, Shamsh Ravish Rein, V.K. Pal, Aldanish Rein, Advocates

ORDER

Delay condoned.

2. Leave granted.

3. A First Information Report being FIR No. 575/2016 was registered at Police Station Kolgawan, District Satna, Madhya Pradesh for offences under Section 364 and 323 read with Section 34 of the Penal Code. Upon investigation, a charge sheet was filed on 8 September 2016.

4. A petition under Section 482 of the Code of Criminal Procedure 1973 [CrPC] was filed by the second respondent for quashing of the FIR. In the meantime, charges were framed on 24 April 2017. On 20 July 2018, the High Court dismissed the petition under Section 482 in the following terms:-

“Considering the circumstances, this petition under Section 482 of Cr.P.C. has no merit. The petitioner may challenge the framing of charge under appropriate provisions.

With the above observation, this petition is dismissed.”

5. After the above order, the second respondent filed another petition under Section 482 in which the following relief was sought:

“It is therefore, prayed that this Hon'ble Court may kindly review, recall and modify the order dated 20.07.2018 in the interest of justice.”

6. It is on the second petition that the High Court passed its impugned order dated 20 August 2018 allowin







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