HARISHARAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Section 397/401 of Cr.P.C. has been filed by petitioner Harisharan in order to quash the charges framed under Sections 467,468 and 471 of IPC by learned Ist Addl. Sessions Judge, Chhatarpur in ST No. 301/10 on 23.05.11 with the allegation that petitioner was the owner of Aman Computers, Rath from where with the help of Computer, CPU etc., fake registration was carried out as per memorandum of co -accused Anuj Tiwari. Learned counsel for petitioner submits that there is not a single legal evidence against the petitioner.

(2.) The memorandum of co -accused is not admission in evidence as per authority in Prakash Singh vs. State of M.P. 1994 (II) MPWN Note No. 72 and Sushil Kumar Sharma vs. State of M.P., 1995 (I) MP Note No. 248.

(3.) AS there is no nexus relating to commission of offence and there is not even a slightest iota of evidence against the petitioner except the inadmissible evidence of memorandum of co -accused since no recovery, etc. is there from the petitioner, hence, simple allegation that petitioner is the owner of Amar Computers and he is the owner of Computer, CPU, etc. is not admissible. There is no prima facie case against the petitioner. Hence, the aforesaid charges framed against petitioner Harisharan are hereby quashed and petitioner Harisharan is acquitted of the offence. Petitioner is on bail. His bail bonds and surety bonds are discharges. The revision is allowed.