KIRTI MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of the charge-sheet in Criminal Case No.1012/2019 (State of M.P. vs. Ahmad Ali & others) pending in the Court of Chief Judicial Magistrate, Hoshangabad under Crime No. 426/2015, registered at Police Station Hoshangabad for the offence under Sections 365, 420/34 of the IPC.

(2.) Briefly stated facts of the case are that the above mentioned charge-sheet was filed against the petitioner/accused under Section 365, 420/34 of IPC on the basis of written complaint filed by one Smt. Mohini after her father Pitambar Tiwari got missing. In her complaint, she alleged that co-accused Ahmad Ali, who resided nearby the house of missing person Pitambar Tiwari, developed cordial relations with him and cheated him by saying that he would get the tender of Wardhman Factory assigned in his name. He induced Pitambar Tiwari to handover money approximately Rs.20 Lakhs and also got the house of Pitambar Tiwari registered in his name and after that he sold that house to petitioner Kirti Mishra. Pitambar Tiwari is still missing. On the basis of written complaint, above mentioned offence was registered against the petitioner and the investigation is going on.

(3.) The grounds taken by the petitioner in brief are that from the evidence collected by the prosecution are not sufficient to prosecute the petitioner. The main allegations are against co-accused, not against the petitioner. The petitioner further stated that the Police had initially registered an offence against co-accused namely Ahmad Ali and Sayra Bano. This fact clearly shows that total false and concocted case has been registered against the petitioner. The petitioner further submitted that he has been made accused only on the basis of memorandum of co-accused, which is a weak type of evidence. There is nothing on record to connect the petitioner with the aforesaid crime. Therefore, the charge-sheet under Crime No.426/2015 may be quashed against the petitioner.