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2008 Supreme(MP) 546

ABHAY GOHIL
Raj Kumar – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
ATUL GUPTA, MOHD.IRSHAD,

Judgment

( 1. ) PETITIONER had filed this petition under Section 482 Crpc for quashing the proceedings pending before jmfc Ganjbasoda as RT No. 1526/2006 in connection with crime No. 194 of 1992.

( 2. ) THE brief facts of the case are that on 1. 4. 2005 at about 9. 30 p. m. Akhil Jain and anil Jain were returning on their motor cycle from their shop. In front of the Police station, two known criminals and history-sheeter of the town of Ganjbasoda namely ajay Pahelwan and Durgesh Yadav, who were in drunken condition, stopped their motorcycle. There was altercation in which they took away Akhils golden chain. They went to lodge the police report. A. S. I. K. S. Chandel was posted at Police Station and he was avoiding to lodge the report because he was having friendly relation with aforesaid two criminals. On the intervention of additional S. P. Vidisha F. I. R. was written at No. 192/05 against Durgesh Yadav and ajay Pehlwan under Sections 294, 341,323, 506 (B) of IPC but did not mention the fact of snatching of gold chain. In the meantime, ast Chandel informed the criminals on mobile Phone and they came at the police station and just to counter the case a cross fir was lodged at Crime













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