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2013 Supreme(MP) 913

BRIJ KISHORE DUBE
Prem Sharma @ Shiv Prasad Mishra – Appellant
Versus
Shivprakash Mishra – Respondent


Advocates Appeared:
Mr. D.S. Tomar, Advocate for the Petitioner
Respondent No. 1 present in person
Mr. Prabal Solanki, Public Prosecutor for the Respondent No. 2/State.

JUDGMENT :

This Criminal Revision under Sections 397 read with 401 of the Code of Criminal Procedure, 1973 is preferred for quashing the order dated 30-12-11 passed by 1 Additional Sessions Judge, Gwalior in Criminal Revision No. 170/09 reversing the order dated 19-1-09 passed by the Additional Chief Judicial Magistrate, Gwalior in Criminal Case No. 13451/06, State of M.P. Vs. Prem Sharma, whereby the petitioner herein/accused has been discharged from the offence punishable under Sections 420, 467, 468 and 471 of IPC and remanded the matter back to the Additional Chief Judicial Magistrate, Gwalior for reconsideration of framing the charge against the petitioner herein/accused.

2. The relevant facts for adjudication of this case are that the respondent No. 1 herein/complainant, Shivprakash Mishra filed a written complaint on 26-9-04 at Police Station, Gole Ka Mandir, District Gwalior alleging that the petitioner herein who is Prem Sharma s/o Baldev Raj Sharma got the job on the post of Technical Assistant in the Lakshmi Bai National Institute of Physical Education, Gwalior (for short 'LNIPE') on the basis of Higher Secondary School Certificate issued by the Board of Secondary Educatio

























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