Mohd. Sharif Khan Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1046389
CourtMadhya Pradesh High Court
Decided OnMar-06-2013
AppellantMohd. Sharif Khan
RespondentThe State of Madhya Pradesh
Excerpt:
mcr.c.no.11790 o”6. 03.13 shri manish datt, senior advocate assisted by shri pushpendra dubey, counsel for the applicant. shri vivek lakhera, pl for the respondent no.1/state. panel lawyer submits that he is under receipt of the case diary. the petition is taken-up for admission and consideration of ia no.20439/11 an application for grant of stay as well as with the consent of the parties for final disposal. applicant's counsel is heard. the applicant/accused has preferred this petition under section 482 of the cr.p.c for quashment of the fir dated 19.3.11 registered as crime number 45/11 at p.s.khajoori sadak, bhopal against the applicant and one other co-accused for the offence of section 420 and 120-b of the ipc with a further prayer to quash its entire investigation as well as the charge-sheet field in the court of jmfc bhopal. initially, after taking me through the papers along with the copy of the charge sheet placed on the record learned senior counsel by referring the provision of section 415 of the cr.p.c, the definition of “cheating”., said that the ingredients of such offence is not made out from the fir and the evidence collected by the investigating agency. keeping in view the circumstance that the charge sheet has been field in the matter, on asking the applicant's counsel whether the charges have been framed in the matter, on which, he submits that he is not in a position to make any submission in this regard. on making further query whether he wants to raise all the objections and grounds stated in the petition before the trial court at the stage of framing the charge and if the same has already been framed then by way of an application under section 239/240 r/w section 216 of the cr.p.c, on which, instead to argue further, he seeks permission to withdraw this petition with liberty to raise all the objections and grounds stated in the petition before the trial court at the stage of framing the charge and if the same has been framed then by way of an application under section 239/240 r/w section 216 of the cr.p.c.considering the aforesaid prayer, without expressing any opinion on merits of the petition, the same is hereby dismissed as withdrawn and not pressed by extending liberty aforesaid as prayed by the senior counsel. however, the trial court is directed that on raising the grounds and objection stated in this petition by the applicant at the stage of the framing the charge or if it has already been framed then by way of some application as stated above then the same shall be considered in accordance with the procedure prescribed under the law by passing the speaking order. c.c as per rules. (u.c.maheshwari) judge mkl
Judgment:

MCr.C.No.11790 o”

6. 03.13 Shri Manish Datt, Senior Advocate assisted by Shri Pushpendra Dubey, counsel for the applicant.

Shri Vivek Lakhera, PL for the respondent No.1/State.

Panel lawyer submits that he is under receipt of the case diary.

The petition is taken-up for admission and consideration of IA No.20439/11 an application for grant of stay as well as with the consent of the parties for final disposal.

Applicant's counsel is heard.

The applicant/accused has preferred this petition under section 482 of the Cr.P.C for quashment of the FIR dated 19.3.11 registered as crime number 45/11 at P.S.Khajoori Sadak, Bhopal against the applicant and one other co-accused for the offence of section 420 and 120-B of the IPC with a further prayer to quash its entire investigation as well as the charge-sheet field in the court of JMFC Bhopal.

Initially, after taking me through the papers along with the copy of the charge sheet placed on the record learned Senior counsel by referring the provision of section 415 of the Cr.P.C, the definition of “cheating”., said that the ingredients of such offence is not made out from the FIR and the evidence collected by the investigating agency.

Keeping in view the circumstance that the charge sheet has been field in the matter, on asking the applicant's counsel whether the charges have been framed in the matter, on which, he submits that he is not in a position to make any submission in this regard.

On making further query whether he wants to raise all the objections and grounds stated in the petition before the trial court at the stage of framing the charge and if the same has already been framed then by way of an application under section 239/240 r/w section 216 of the Cr.P.C, on which, instead to argue further, he seeks permission to withdraw this petition with liberty to raise all the objections and grounds stated in the petition before the trial court at the stage of framing the charge and if the same has been framed then by way of an application under section 239/240 r/w section 216 of the Cr.P.C.Considering the aforesaid prayer, without expressing any opinion on merits of the petition, the same is hereby dismissed as withdrawn and not pressed by extending liberty aforesaid as prayed by the senior counsel.

However, the trial court is directed that on raising the grounds and objection stated in this petition by the applicant at the stage of the framing the charge or if it has already been framed then by way of some application as stated above then the same shall be considered in accordance with the procedure prescribed under the law by passing the speaking order.

C.C as per rules.

(U.C.Maheshwari) Judge MKL