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2015 Supreme(MP) 554

SHEEL NAGU
Shiva Parashar – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:V.K. Saxena, Senior Advocate and P.S. Bhadoria, Advocate.
For the Respondents: R.P. Rathi, Public Prosecutor.

JUDGMENT :

Sheel Nagu, J.

1. The revisional jurisdiction of this Court under Section 397 r/w S. 401 of Cr.P.C. is invoked for quashment of the charges framed against the petitioners by the trial Court under Section 306 r/w 34 of IPC and also for quashment of the interlocutory order dated 05.03.2015 rejecting the prayer for discharging made by the petitioners u/S. 227, Cr.P.C.

2. Learned counsel for the rival parties are heard.

3. The impugned FIR alleges the said offence against 07 accused including petitioners Shiva Parashar and Rahul Parashar.

4. During investigation, the statements of parents and wife of the deceased were recorded. A suicide note dated 20.08.2013 allegedly written by the deceased was recovered. This suicide note was prima-facie opined by the handwriting expert to be written by the deceased.

5. The suicide note though alleges specific allegations against co-accused namely Vipin Garg, Ashok Parashar, Vicky Shivhare and Gagan Garg. But in regard to both petitioners Shiva Parashar and Rahul Parashar, it is alleged that co-accused Ashok Parashar (father of both the petitioners herein) used to send his sons (petitioners) with other persons to abuse and intimidate the deceas




























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