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2018 Supreme(MP) 447

G.S.AHLUWALIA
Prashant Kumar Nimgani – Appellant
Versus
State of MP – Respondent


Advocates Appeared:
For the Applicant : Shri Anil Mishra with Shri Himanshu Pandey
For the Respondent: Shri BPS Chauhan

JUDGMENT :

1. This petition under Section 482 of CrPC has been filed for quashing the FIR in Crime No. 163/2014 registered at Police Station Kotwali, District Datia for offence under Sections 376(1), 323, 506(II), 34 of IPC as well as further proceedings in Sessions Trial No. 147/2015 pending in the Court of First Additional Sessions Judge, Datia.

2. The necessary facts for the disposal of the present petition in short are that the respondent No.2 lodged a FIR to the effect that she was residing in the house of Munna Koli, father of the applicant, which is situated at Tandi Sadak, Datia. It is alleged that the applicant, who is youngest son of the landlord, called the prosecutrix in his room and committed rape continuously for three- four months.

3. It is submitted by the counsel for the applicant that in fact, the applicant was residing separately at Seondha and was not residing along with his father. It is further submitted that at the request of the applicant, a parallel independent enquiry was conducted by Additional Superintendent of Police, according to which it was found that the applicant has been subjected to false report and he has not committed any offence. It is further su




















































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