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2021 Supreme(MP) 497

GURPAL SINGH AHLUWALIA
Ashok Ahirwar – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant :Vipin Babu Sharma, Advocate
For the Respondents: R.K. Awasthi, Public Prosecutor

JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This Criminal Revision under Sections 397, 401 of Cr.P.C. has been filed against the order dated 9/2/2021 passed by First Additional Sessions Judge, Ganjbasoda, District Vidisha in ST No. 77/2020, by which the charge under Section 306 of IPC has been framed.

2. The facts of the case in short are that the charge-sheet for offence under Section 306 of IPC has been filed against the applicant on the allegations that the applicant was pressurizing the prosecutrix to enter into physical relationship and was also extending a threat that he would disclose the illicit relationship of the prosecutrix with him. When the husband of the deceased came to know about the said fact, then the prosecutrix committed suicide by consuming poisonous substance.

3. It is submitted by the counsel for the applicant that although the police has filed the copy of CDR to show the mobile conversations between the deceased and the applicant, but there is nothing on record to show that the mobile no. 7724041619 belongs to the applicant.

4. Per contra, it is submitted by the counsel for the State that the statement of the husband of the prosecutrix has been recorded, in which he

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