JAIVIR SINGH BHADORIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER has filed this petition for quashing of CID inquiry and also sought further direction to complete the investigation pending on the basis of a report lodged by the petitioner.

(2.) PETITIONER came to attend a marriage ceremony of son of one Subhash Dubey at Gwalior on 26.11.2004. At around 10:30 O'clock in the night, when marriage ceremony had been going on at 'Mangal Vatika' Mela Ground, Gwalior, as per the petitioner, at that time Smt. Sarita Bhadoriya, Udayveer Singh Bhadoriya, Dinesh, Vivek, Arjun Singh and Umesh Singh armed with revolver and pistol came on the spot. Sarita Bhadoriya instructed the aforesaid persons to kill the petitioner. The accused persons opened fire at the petitioner. In the aforesaid incident petitioner received injuries over his chest and left leg. Other persons, namely, Dharmesh Singh Bhadoriya, Manendra Singh Rawat, Devendra Sharma, Kamlesh Sharma, Kailash, Chandra Prakash Mishra and Dinesh Chandra Sharma also received bullet injuries. Dinesh Chandra Sharma died subsequently. The petitioner was admitted at Jayarogya Hospital, Gwalior and on his report a Dehati Nalisi was lodged and police registered an offence vide Crime No.438/04 under sections 147,307,302 IPC. Thereafter, petitioner went to his home place at Itawah after his discharge from the hospital. The petitioner further alleged that the matter was not investigated properly and it was transferred to CID illegally.

(3.) LEARNED counsel for the petitioner has submitted that the CID has not conducted the investigation properly. The act of handing over of investigation to CID was against the provisions of the Police Manual and it was done in order to save certain persons. Learned counsel further submitted that the accused persons could not get benefit of alibi at the time of investigation.