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2004 Supreme(MP) 916

SUBHASH SAMVATSAR
Kamlesh Pathak – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Pradeep Katare, Prasun Maheshwari, V.K.Saxena, V.S.Chaturvedi,

Judgment

( 1. ) THIS petition is filed by the accused under Section 482, Cr. P. C. for quashing the First Information Report in Criminal Case No. 302/03 lodged by respondent Pawan Sharma against the present petitioners and subsequent proceedings in pursuance thereof.

( 2. ) THE brief facts of the case are that Kamlesh Pathak has some family dispute with his wife, Smt. Meera Pathak, who has lodged the complaint against the present petitioner No. 1, Kamlesh Pathak for committing offence under Section 498-A, I. P. C. and also filed proceedings under Section 125, Cr. P. C. for maintenance. She was residing with her brother, respondent No. 2, Pawan Sharma. It is alleged by the petitioner that he along with his Lawyer, Mr. Nandan Dixit went to the house of respondent No. 2, Pawan Sharma for reconciliation of the dispute, it is alleged by the petitioner that at time respondent No. 2 and his colleagues fired gun shot against the present petitioner and his Counsel in which his Counsel, Mr. Nandan Dixit died. The present petitioner was also injured in the incident. Pawan Sharma and other persons ran away from the spot, and police chased them and thereafter there was exchange of firing between












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