KANHAIYA JHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of the Cr.P.C. for quashing/setting aside the order dtd. 9/8/2021 passed by the Additional Sessions Judge, Ambah District Morena, in Criminal Revision No.268/2021 and also the order dtd. 22/10/2020 passed by the JMFC, Ambah, district Morena in Criminal Complaint No.501/2020.

(2.) The brief facts of the case are that the son of the petitioner namely- Himanshu Jha (now deceased) has gone to attend a Lagan ceremony at his friend's house namely- Rahul Singh Tomar on 19/2/2020. He attended the ceremony on 20/2/2020 and on the request of his friend Rahul, he stayed there to attend the marriage also to be held on 26/2/2020. The deceased son of the petitioner was going to return home on 28/2/2020. But, in the night of 27/2/2020, the accused Rahul Singh Tomar along with other other coaccused persons under the conspiracy and with common intention to kill him, committed murder of the deceased and thereafter they made a concocted story that the deceased son of the petitioner was found in suspicious condition in a park. The deceased was admitted in the hospital. But, after long treatment he died.

(3.) Thereafter, the petitioner/complainant filed a complaint under Sec. 200 of the Cr.P.C. accompanied with the application under Sec. 156(3) of the Cr.P.C. seeking direction for registration of FIR bearing criminal complain No.501/2020. But, the JMFC, dismissed his application filed under Sectin 156(3) of the Cr.P.C vide order dtd. 31/10/2020. The JMFC dismissed under Sec. 156(3) of the Cr.P.C. with observations that the present complaint can be examined by this Court to find conclusion of the incident, hence, no police investigation or inquiry is required by the police.