AMIT Vs. STATE OF MADHYA PRADESH AND ORS.

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR registered at Crime No. 144/2005 for the offence punishable under Sections 302, 201 of IPC and its subsequent criminal proceedings in Criminal Case No. 191/2005 against the petitioner.

(2.) AS per prosecution case, complainant has informed the police that during patrolling in jungle, two dead -bodies were found. On this information, Merg was registered and enquiry was conducted. During enquiry, postmortem of the dead -bodies was conducted and as per the postmortem report, it was found that death of both the deceased was caused by throttling. Hence, offence was registered under Section 302 and 201 of IPC and investigation was conducted. During investigation, it was found that Munshilal and Amit along with two others have committed the aforesaid murders. After investigation, police filed the charge -sheet against accused Munshilal and petitioner Amit showing him absconding. It is further mentioned in the charge -sheet that investigation against two co -accused is pending, hence, after completion of investigation separate supplementary charge -sheet will be filed against them. The petitioner has filed this petition for quashing the entire criminal proceedings pending against him.

(3.) LEARNED Public Prosecutor for the respondent -State opposes the submissions made by the learned counsel for the petitioner and prays for dismissal of the petition. Learned counsel for the respondent No. 2 also opposes the submissions of the learned counsel for the petitioner and prays for dismissal of the petition.