ASHOK NANDA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the charge-sheet and the criminal proceedings against them in respect of Crime No. 462/2008, registered by Police Station, M.P. Nagar,.Bhopal under Sections 387, 507, 115 and 120-B of the Indian Penal Code and Sections 25 and 27 of the Arms Act against them and three other accused persons. In respect of above charge-sheet, R.T. No. 5817/2009 (State of M.P. Vs. Pradeep Shrivas) is pending in the Court of Chief Judicial Magistrate, Bhopal.

(2.) IN short, the prosecution case is that complainant Rajendra Agal, a Journalist by profession, who had published an article in his fortnightly magazine Aks' and had made number of complaints against the petitioners to Lokayukta and other high Officers, lodged a report with the police that on 7th August, 2008, some unknown person purporting himself to be Vikram Singh made a telephone call to him saying that since he had highlighted the scam of Rs. 15 crore, those persons had given him contract to eliminate him. But, since he knew that he was very good man and belonged to a very good family, he did not want to kill him, however he was bound to do it, because he had received 5 lakhs from that person. He wanted to meet the complainant and suggested him that he should take precaution. He further suggested that if he met and talked him, he will solve his problem and instead eliminate the person, who gave contract for his killing. It is said that complainant recorded the said conversation and at that time switched on the speaker of phone whereby other persons namely Mohar Singh, Brijesh Sahu, Bhuvneshwar Dayal Sharma and Constable Laxman Yadav, PSO could also hear the same. According to complainant, it was a real threat because he had published big scams in which petitioner Dr. Yogiraj Sharma, then then Director of Health and Family Welfare and Ashok Nanda, a close friend of Yogiraj Sharma were involved. According to him, he suspected the hands of these persons behind this deal.

(3.) IN addition to above evidence, police also recorded statements of Udaybhan Singh and Radheshyam Agrawal, who disclosed that two boys were inquiring whereabouts of complainant.