KAMLESH PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition is filed by the accused under Section 482, Cr. P. C. for quashing the First Information Report in Criminal Case No. 302/03 lodged by respondent Pawan Sharma against the present petitioners and subsequent proceedings in pursuance thereof.

(2.) THE brief facts of the case are that Kamlesh Pathak has some family dispute with his wife, Smt. Meera Pathak, who has lodged the complaint against the present petitioner No. 1, Kamlesh Pathak for committing offence under Section 498-A, I. P. C. and also filed proceedings under Section 125, Cr. P. C. for maintenance. She was residing with her brother, respondent No. 2, Pawan Sharma. It is alleged by the petitioner that he along with his Lawyer, Mr. Nandan Dixit went to the house of respondent No. 2, Pawan Sharma for reconciliation of the dispute, it is alleged by the petitioner that at time respondent No. 2 and his colleagues fired gun shot against the present petitioner and his Counsel in which his Counsel, Mr. Nandan Dixit died. The present petitioner was also injured in the incident. Pawan Sharma and other persons ran away from the spot, and police chased them and thereafter there was exchange of firing between respondent No. 2 and police party in which some police personnel were injured.

(3.) AFTER the said incident Pawan Sharma wrote a letter to Chief Judicial Magistrate alleging that present petitioners along with his colleagues had fired gun shot which were struck in the house and wall of the complainant. The complainant escaped in the said incident. Thus, according to Pawan Sharma present petitioner has committed offence under Section 307, I. P. C. It is alleged by the petitioner that police conducted inquiry on the basis of said letter and found that the offence is not made out. Thereafter Pawan Sharma filed a private complaint in which the Magistrate issued a direction on 8. 9. 2003 for making an investigation under Section 156 (3), Cr. P. C. This order is under challenge in the present petition.