KAMLESH KUMAR DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 397 read with Section 401 of Cr.P.C. has been filed to assail the order dated 25/08/2015 passed by the learned ASJ, Niwari, District Tikamgarh, whereby charges have been framed against the petitioner under Sections 420, 467, 468, 471 of IPC.

(2.) The factual matrix of the case is that in Criminal Case No.2527/2008, an application was moved by Shri Neeraj Singh through his counsel Shri K.K. Dubey, the present petitioner under Section 451 of Cr.P.C. The same was disposed of on 20/07/2008 and seized Indica Car bearing No. MP-07-M-0467 was ordered to be released to applicant Neeraj Singh. The petitioner K.K. Dubey, Advocate had identified the claimant Neeraj Singh and the vehicle was released to Shri Neeraj Singh. Where attendance of Neeraj Singh was procured. He informed the Court that neither he appointed the petitioner Shri K.K. Dubey as his counsel nor he moved any application under Section 451 of Cr.P.C. He was also said that the photos pasted in the supurdginama and the signature in the supurdginama are not his photographs and signature. In this background, a complaint dated 10/03/2010 was sent from Gram Nayalaya, Niwari to the Police Station Niwari.

(3.) Police Station Niwari has lodged the report at Crime No.71/2010 against the present petitioner Shri K.K. Dubey, Advocate for offences under Sections 419, 420, 465, 467, 468 and 471 of IPC. After the charge-sheet has been filed, charges have been framed by learned ASJ, Niwari vide order dated 20/08/2015.