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2022 Supreme(MP) 1458

SANJAY DWIVEDI
Sunil Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Mr. Manish Datt, Senior Advocate with Mr. Rohit Sharma, Advocate, for the Appellant; Mr. Punit Shroti, Panel Lawyer, Mr. Mohd. Ali, Advocate, for the Respondent

JUDGMENT

1. The petitioner has invoked two different provisions of the Code of Criminal Procedure by filing these ill-assorted petitions inasmuch as Miscellaneous Criminal Case (M.Cr.C. No.14139/2021) has been filed under Section 482 of the Code for quashing the charge-sheet filed against him vis-a vis Crime No.196/2019 for the offence punishable under Sections 307 and 302/34 of the Indian Penal Code registered at Police Station Budhni, District Sehore and Criminal Revision (Cr.R. No.1678/2021) has been filed under Section 394/401 of the CrPC against the order dated 19.02.2021 passed by the Court of Additional Sessions Judge, Budhni, District Sehore, in Sessions Trial No.152/2019 arising out of same crime number whereby charge under Section 302/120-B of the IPC has been framed against the petitioner.

2. The main thrust of challenge in both the petitions is based on a ground of fallaciously implication of the petitioner by unnecessarily roping him in the crime. As per the petitioner, his induction in the crime is solely ill-founded as on the basis of material available on record, offence under Sections 302 and 120-B of the IPC is not made out against him.

In the circumstance, the petit

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