RAJUPATEL @ RAJENDRA SINGH Vs. BABULAL DEEVAN
LAWS(MPH)-2018-6-210
HIGH COURT OF MADHYA PRADESH
Decided on June 20,2018

Rajupatel @ Rajendra Singh Appellant
VERSUS
Babulal Deevan Respondents


Referred Judgements :-

MADHU LIMAYE V. STATE OF MAHARASTRA [REFERRED TO]
DHANLAXMI V. PRASHANT KUMAR [REFERRED TO]


JUDGEMENT

SUSHIL KUMAR PALO, J. - (1.)- This petition, under Section 482 Cr.P.C., 1973 has been filed to invoke the extraordinary jurisdiction of this Court and to quash the criminal complaint dated 17.09.2014 (Annexure-A/1), pending before JMFC, Bina.
(2.)The factual matrix of the case in brief is that, respondent Babulal filed a criminal complaint against the petitioner for offfence under Sections 176, 382, 386, 302 and 201, read with Section 34 of the IPC and prayed to proceed in accordance with section 156 (3) of Cr.P.C., 1973
(3.)It is alleged in the complaint that on 05.04.2012, Kashiram Nahoniya was caught by the accused persons. He was given electric shocks and was pressurized to execute a will in favour of accused Shribai. He was beaten, injured and tortured and subsequently thrown from the second floor of the house, because of which Kashiram sustained injuries and died. The accused persons then left their houses. They took away the ornaments and other valuables kept by Kashiram. The dead body of Kashiram was taken away and without informing the police the body of Kashiram was cremated. Harprasad, son of Laxman was the only person, who witnessed the incident. Jairam alias Rajaram, Yamunendra, son of Jairam, Brijmohan, son of Harprasad, R/o- villiage Bellai saw the incident.


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