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2023 Supreme(MP) 701

SANJAY DWIVEDI
Mrigendra Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Sanjay Agrawal, Senior Advocate with Ms. Neeraja Agrawal, Advocate, Ms. Ankita Singh Parihar, Advocate, Shri Pratap Tarun Singh, Advocate and Shri Vivek Shukla, Advocate, for the Appellant; Shri S.K. Kashyap, Government Advocate for Respondent No.1, Shri Binod Kumar Tiwari, Advocate for Respondent No.2.

ORDER

Sanjay Dwivedi, J. - These petitions have been filed by the applicant/petitioners under Sections 401 and 482 of the Code of Criminal Procedure asking for quashing of order dated 26.11.2013 whereby the trial Court exercising the power provided under Section 319/193 of CrPC decided the application directing that the name of present applicant/petitioners be included in the array of accused persons and also directed that arrest warrant be issued against them for securing their presence before the Court.

2. The said order is being assailed by the present applicant/petitioners mainly on the ground that from the impugned order itself, it reveals that the trial Court has relied upon the statements of PW-1, PW-4, PW-6 and PW-7, namely, Ramrati, Raj Kumar Shukla, Ganesh Prasad Shukla and Kamlesh Prasad Shukla respectively, in which, they have taken the name of present applicant/petitioners and observed that as per their statement, the present applicant/petitioners should be made accused and as such, directed that they be arrested and produced before the Court so as to conduct a trial against them in relation to the offence registered vide Crime No.373/2003 under Sections 307/376 (2A)/436

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