Madhya Pradesh High Court
Shyambali Kushwah vs The State Of Madhya Pradesh Thr on 12 October, 2017
1 MCRC No.10849/2017
(Shyambali Kushwah vs. State of M.P. & Ors.)
12.10.2017
Shri Vivek Kumar Vyas, Counsel for the applicant.
Shri B.P.S. Chauhan, Public Prosecutor for the
respondents No.1 and 2/State.
This petition under Section 482 of Cr.P.C. has been filed for quashing the FIR in Crime No.157/2017 registered by Police Station Inderganj, District Gwalior.
It is submitted by the counsel for the applicant that initially the statement of Mahendra Singh which was available in the case diary had revealed that the gun had slipped from the shoulder of the applicant, as a result of which the gun shot got fired which hit on the roof of the cabin whereas in the charge sheet which has been filed, a completely different statement of Mahendra Singh has been filed in which it is mentioned that the applicant lost his control and thereafter he fired on the complainant. It is submitted that the police after the bail of the applicant was decided, has changed the statement of the independent witness Mahendra Singh.
This application under Section 482 of Cr.P.C. has been filed on 21.09.2017 whereas the charge sheet was filed on 31.5.2017. Thus on the date when the petition was filed, the charge sheet was already filed but still the applicant has chosen not to challenge the charge sheet.
At this stage, the counsel for the applicant seeks permission of this Court to withdraw this application with liberty to file a properly constituted application under Section 482 of Cr.P.C.
With aforesaid liberty, the application is dismissed as withdrawn.
(G.S. Ahluwalia)
(alok) Judge