SUNIL GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked two different provisions of the Code of Criminal Procedure by filing these ill-assorted petitions inasmuch as Miscellaneous Criminal Case (M.Cr.C. No.14139/2021) has been filed under Sec. 482 of the Code for quashing the charge-sheet filed against him vis-a vis Crime No.196/2019 for the offence punishable under Ss. 307 and 302/34 of the Indian Penal Code registered at Police Station Budhni, District Sehore and Criminal Revision (Cr.R. No.1678/2021) has been filed under Sec. 394/401 of the CrPC against the order dtd. 19/2/2021 passed by the Court of Additional Sessions Judge, Budhni, District Sehore, in Sessions Trial No.152/2019 arising out of same crime number whereby charge under Sec. 302/120-B of the IPC has been framed against the petitioner.

(2.) The main thrust of challenge in both the petitions is based on a ground of fallaciously implication of the petitioner by unnecessarily roping him in the crime. As per the petitioner, his induction in the crime is solely ill-founded as on the basis of material available on record, offence under Ss. 302 and 120-B of the IPC is not made out against him.

(3.) The genesis of the crime arose out of an incident when the Police of Police Station Budhni, District Sehore, after investigating registered the offence vide Crime No.196/2019 punishable under Ss. 307 and 302/34 of the IPC and filed a charge-sheet under Ss. 307, 302, 34 and 120-B of the IPC against various accused persons including the petitioner/applicant.