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2024 Supreme(Online)(MP) 5187

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

ON THE 20th OF MAY, 2024

MISC. CRIMINAL CASE No. 7568 of 2019

BETWEEN:-

1.

PUSHPA DANGI W/O SHREELAL DANGI, AGED

ABOUT 59 YEARS, OCCUPATION: GOVERNMENT

SERVICE JAITPUR TAH KHILCHIPUR (MADHY

A

PRADESH)

2.

SHREELAL DANGI S/O KISHANLAL DANGI, AGED

ABOUT 68 YEARS, OCCUPATION: RETIRED FROM

GOVT SERVICE RESIDENT OF JAITPUR TEH

KHILCHIPUR

DIST

RAJGARH

MP

(MADHY

A

PRADESH)

3.

SAPNA

DANGI

W/O

SHIVNARAY

AN DANGI

OCCUPATION: GOVT SERVICE RESIDENT OF

A

W

AS

COLONY

JEERAPUR DIST

RAJGARH

(MADHYA PRADESH)

4.

KOMAL DANGI F/O KRISHNA GOPAL DANGI,

AGED ABOUT 29 YEARS, OCCUPATION: GOVT

SERVICE RESIDENT OF NARSINGHGARH DIST

RAJGARH (MADHYA PRADESH)

5.

NEETA DANGI W/O DINESH DANGI, AGED ABOUT

38

YEARS, OCCUPATION:

GOVT

SERVICE

RESIDENT OF KUAKHEDA KHILACHIPUR DIST

RAJGARH (MADHYA PRADESH)

6.

MOTILAL DANGI S/O RAMRATAN DANGI, AGED

ABOUT 65 YEARS, OCCUPATION: RETIRED FROM

GOVT SERVICE RESIDENT OF KHILACHIPUR DIST

RAJGARH (MADHYA PRADESH)

7.

DINESH

DANGI

S/O

HARIOM DANGI, AGED

ABOUT

31

YEARS, OCCUPATION:

PRIV

ATE

SERVICE RESIDENT OF NARSINGHGARH DIST

RAJGARH (MADHYA PRADESH)

.....APPLICANT

(BY SHRI SUDHIR KUMAR SHARMA - ADVOCATE)

AND

THE STATE OF MADHY

A PRADESH PS MAHILA THANA

BHOPAL (MADHYA PRADESH)

.....RESPONDENTS

(BY SMT.SWATI A.GEORGE - DEPUTY GOVT. ADVOCATE)

This application coming on for admission this day, the court passed the

following:

Advocates:
Sudhir Kumar Sharma,Advocate General

ORDER

This petition under section 482 Cr.P.C. has been filed seeking the following reliefs :-

1) The present application may kindly be allowed and the charge framed against all the present applicants (that is accused no. 2 to 8 only in pending trial) on 27/09/2018 for offence punishable UNDER SECTION 495 IPC ONLY in "Criminal Case no. 2318/2018 State through P.S. Mahila Thana Bhopal V Roopesh Dangi and Ors." pending trial before the court of shri Gaurav Pragyanan Ji, the ld. JMFC, Bhopal may kindly be quashed and set aside, And 2) The order framing charge by ld. Trial court in Criminal case No. 2318/2018 dated 27/09/2018 and the impugned Revisional order passed on 12/01/2019 by learned Shri Hemant Yadav Ji, 5th ASJ Bhopal in Cr. Revision No. 558/2018 may kindly be set aside only to the extent it directs/ confirms framing of charge against present applicants only for the offence punishable under section 495 IPC only.

3) Any other appropriate relief deemed just and proper may also kindly be granted. In view of the judgment passed by the Supreme Court in the case of Chand Dhawan (Smt) Vs. Jawahar Lal (Criminal Appeal No.269/1992) decided on 28.4.1992 as well as the judgment passed by the Supreme Court in the case of S.Nitheen & Ors. Vs. State of Kerala & Anr. decided on 15.5.2024 in S.L.P. (Criminal) No.8529/2019 , counsel for the applicant seeks permission of this Court to withdraw this application. It is accordingly dismissed as withdrawn . (G.S. AHLUWALIA) JUDGE HS

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