LAWS(MPH)-1997-7-97

YADHISTHIR LAL Vs. STATE OF M.P.

Decided On July 17, 1997
Yadhisthir Lal Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS petition under section 482 CrPC has been filed by the petitioner for quashing the proceedings pending before S.D.M. Raipurunder sections 145 and 146 CrPC. ....

(2.) PETITIONER Yudhisthirlal is a partner in the Firm Sadaqi Builders of Raipur. The firm has undertaken a multicrore project for construction of 500 shops in village Boriyakala, Police Station Mana camp in Raipur District. The builder availed of the services of M/s. Begraj Agarwal contractor firm, for construction of some of these shops on agreed terms and conditions. The contract of construction was reduced into writing on 19.12.94. In pursuance of this agreement respondent No.2 started construction work from 19.12.94. These facts are not in dispute.

(3.) THE petitioner had earlier filed a petition under Article 227 of the Constitution of India challenging the orders both under section 145 CrPC, and under section 146 (1) CrPC affirmed by the Revisional Court. While dismissing that petition, the Court observed that the petitioner may challenge the orders under section 482 CrPC.