KAMLESH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard counsel for the parties on admission.

(2.) This petition is for discharge or if we may say so for quashing of charges framed by the Trial Court against the petitioner.

(3.) The first argument of the petitioner is that the statement of the prosecution witnesses have been recorded within two days after registration of FIR. Secondly, the Trial Court is proceeding on presumption. Thirdly, Section 498 -A of IPC cannot be invoked in respect of acts of commission and omission after death of the person concerned. It is also submitted that the statement under Section 161 of CrPC recorded is a stereo -type statement. It was argued that the Magistrate has not complied with the procedure prescribed in Section 176 of the CrPC.