Pappu Sonkar Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1040421
CourtMadhya Pradesh High Court
Decided OnMar-19-2013
AppellantPappu Sonkar
RespondentThe State of Madhya Pradesh
Excerpt:
mcr.c.no.438 o”19. 03.13 shri t.n.dubey, counsel for the applicant. shri pramod chourasia, pl for respondents. heard on the question of admission. the applicant, one of the co-accused, has filed this petition under section 482 of the cr.p.c for quashment of the fir registered as crime no.144/05 at police station-belbagh, jabalpur against the applicant along with co-accused for the offence of section 147,148,294,506-b and 323 of the ipc. after taking me through the fir placed on the record, applicant's counsel firstly argued that even after lodging the same in the concerning book under section 154 of the cr.p.c, the signature of the complainant was not obtained by the sho. secondly, he said that the story putforth in the fir is different then the report in writing which was given by ram baba sonkar the brother of the complainant shyam kumar to the superintendent of police jabalpur on 5.3.05. so, in such premises the impugned fir is not reliable, but in response of some query of the court based on the provision of section 173(8) of the cr.p.c so also in view of the circumstance that the aforesaid report given by brother of the complainant to the superintendent of police is not part of the charge sheet, instead to argue further, applicant's counsel seeks permission to withdraw this petition with liberty to raise all the aforesaid objections along with the other objections stated in the petition at the appropriate stage of the trial in defense of the applicant including the stage of framing the charge. the petition is dismissed as withdrawn and not pressed with liberty aforesaid. (u.c.maheshwari) judge mkl
Judgment:

Mcr.C.No.438 o”

19. 03.13 Shri T.N.Dubey, counsel for the applicant.

Shri Pramod Chourasia, PL for respondents.

Heard on the question of admission.

The applicant, one of the co-accused, has filed this petition under section 482 of the Cr.P.C for quashment of the FIR registered as crime No.144/05 at Police Station-Belbagh, Jabalpur against the applicant along with co-accused for the offence of section 147,148,294,506-B and 323 of the IPC.

After taking me through the FIR placed on the record, applicant's counsel firstly argued that even after lodging the same in the concerning book under section 154 of the Cr.P.C, the signature of the complainant was not obtained by the SHO.

Secondly, he said that the story putforth in the FIR is different then the report in writing which was given by Ram Baba Sonkar the brother of the complainant Shyam Kumar to the Superintendent of Police Jabalpur on 5.3.05.

So, in such premises the impugned FIR is not reliable, but in response of some query of the court based on the provision of section 173(8) of the Cr.P.C so also in view of the circumstance that the aforesaid report given by brother of the complainant to the Superintendent of Police is not part of the charge sheet, instead to argue further, applicant's counsel seeks permission to withdraw this petition with liberty to raise all the aforesaid objections along with the other objections stated in the petition at the appropriate stage of the trial in defense of the applicant including the stage of framing the charge.

The petition is dismissed as withdrawn and not pressed with liberty aforesaid.

(U.C.Maheshwari) Judge MKL