SUSHIL KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Arguments heard. Shri R.K. Khare, the learned Govt. Advocate, raises a preliminary objection about the maintainability of his petition filed u/s 482 Cr.P.C., by placing reliance on the decision of the Apex Court in the case of Dharampal and Others v. Ramshri and Others.

(2.) Shri Kochar, the learned counsel for the petitioner, in reply submitted that though in the petition the correctness and propriety of the order dt. 28.8.1992, passed by the Turd AddI. Sessions Judge, Raipur in Criminal Revision No.8 7/92 and order dt. 19.2.1992, passed by JudI. Magistrate, First Class, Gariyaband in Criminal Case No. 578/90, has been challenged, but, infact now the petitioner is challenging the propriety of initiating and continuance of the proceedings against the petitioner, only on inadmissible evidence. Petitioner, Sushil Kumar Sharma, has filed this petition u/s 482 Cr.P.C. being aggrieved of the order passed by the Judicial Magistrate, First Class, Gariyaband taking cognizance against the petitioner for offences under sections 411 and 414 of the I.P.C. The above order passed by JudI. Magistrate, First Class, Gariyaband was affirmed by Turd AddI. Sessions Judge, Raipur in Cr.R. No. 87/92.

(3.) Police Rajim of district Raipur filed charge-sheet against Piluram and Kumud Alka Sona for the offences under sections 457 and 380 I.P.C. The above case was registered by Police Rajim on the report lodged by Smt. Kamlesh Tiwari, wife of K.C. Tiwari, on 15.3.1990. Though in this F.T.R. suspicion has been expressed by the informant against the petitioner and few others, but, no specific allegations have been made against the petitioner.