Pradeep Kumar Singh Vs. the State of Madhya Pradesh

Pradeep Kumar Singh vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Sep 27, 2013

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https://sooperkanoon.com/case/1090033

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Citation: sooperkanoon.com/1090033
Court: Madhya Pradesh High Court
Decided On: Sep 27, 2013
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Pradeep Kumar Singh

Advocate Shri. R.P.Singh

Respondent

The State of Madhya Pradesh

Excerpt

.....him. learned counsel for the applicant has submitted that a disciplinary action was taken against bala prasad, who was working in the co-operative society at village daldal and therefore, a false fir was lodged by son of bala prasad dwivedi. the applicant has submitted various documents to show about the stern action against father of the complainant. also the affidavits of vanshpati, ramdas singh and mathura etc.were submitted to show that a false case has been registered against the applicant. it is also submitted that the applicant is a manager of the society. after considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, the complainant had lodged an fir against four accused persons including the applicant. if some witnesses, who were not the eyewitnesses, have stated that the incident did not take place, then there is no evidentiary value of such witnesses. at present, the testimony of the complainant and his witnesses cannot be brushed aside. it is possible that there was enmity between the applicant and father of the complainant but due to enmity, a crime could be committed with the complainant and therefore at this stage, the case of the complainant cannot be rejected. consequently, there is no basis by which the present petition under section 482 of cr.p.c.filed by the applicant pradeep kumar singh can be accepted and hence, it is hereby dismissed at motion stage. copy of the order be sent to the c.j.m.satna so that it may be provided to the concerned court. (n.k.gupta) judge pnkj

Full Judgment

M.Cr.C.No.3825/2013 27.09.2013 Shri R.P.Singh, counsel for the applicant.

Shri G.S.Thakur, Panel Lawyer for the respondent/State.

Heard the learned counsel for the parties.

The applicant has moved the present petition under Section 482 of Cr.P.C.to quash the FIR registered at Police Station Rampur Baghelan, District Satna at Crime No.671/11, whereby an FIR was lodged by Ganesh Prasad Dwivedi S/o Bala Prasad Dwivedi against four persons including the applicant that the accused persons robbed him.

Learned counsel for the applicant has submitted that a disciplinary action was taken against Bala Prasad, who was working in the Co-operative Society at village Daldal and therefore, a false FIR was lodged by son of Bala Prasad Dwivedi.

The applicant has submitted various documents to show about the stern action against father of the complainant.

Also the affidavits of Vanshpati, Ramdas Singh and Mathura etc.were submitted to show that a false case has been registered against the applicant.

It is also submitted that the applicant is a Manager of the Society.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, the complainant had lodged an FIR against four accused persons including the applicant.

If some witnesses, who were not the eyewitnesses, have stated that the incident did not take place, then there is no evidentiary value of such witnesses.

At present, the testimony of the complainant and his witnesses cannot be brushed aside.

It is possible that there was enmity between the applicant and father of the complainant but due to enmity, a crime could be committed with the complainant and therefore at this stage, the case of the complainant cannot be rejected.

Consequently, there is no basis by which the present petition under Section 482 of Cr.P.C.filed by the applicant Pradeep Kumar Singh can be accepted and hence, it is hereby dismissed at motion stage.

Copy of the order be sent to the C.J.M.Satna so that it may be provided to the concerned Court.

(N.K.GUPTA) JUDGE pnkj

Same Court & Year Madhya Pradesh · 2013 Same Parties Pradeep Kumar Singh vs The State of Madhya Pradesh Same Subject Criminal