RIYAZ Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure [for short "the Code"] has been filed for quashment of criminal proceedings pending against the applicants in ST No.449/12 before 7 th Additional Sessions Judge, Indore and for direction to investigate in Crime No.141/2009 registered at P.S. Sadar Bazar, Indore.

(2.) Brief facts of this case are that on 21.04.2009 non-applicant No.1 lodged a report at P.S. Sadar Bazar,, Indore which was registered at Crime No.141/2009 under Sections 147, 148, 149 and 307 of IPC. In the report it was stated that Babbu along with five persons came at Juna Risala, Indore and had fired with pistol towards applicant No.1, however, he sat down, therefore, the bullet had not hit him. Police had investigated the matter and found that the applicant No.1 had lodged a false report, therefore, police had filed a complaint under Section 182 and 211 of the IPC against the applicant No.1 and applicants No.2 and 3, who were said to be eye witness in false case. The complaint was registered at Criminal Case No.11937/09. Applicant No.1 had filed M.Cr.C.No.929/2011 before this Court for quashment of proceedings pending before the JMFC, however, vide order dated 18.02.2011 the petition has been dismissed as withdrawn. On 20.03.2012 the case was committed to Court of Sessions, which was registered at ST No.449/12. 7th ASJ framed charge against the applicants for the offence under Sections 211 & 182 of the IPC. This order was challenged in Criminal Revision No.1185/12. This court vide order dated 05.12.12 dismissed the revision, however, granted liberty that the applicants may challenge the final report in accordance with law, hence, the applicants have filed this petition on two grounds :-

(3.) Heard and perused the record.