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Madhya Pradesh High Court

Mukesh Patel vs The State Of Madhya Pradesh Judgement ... on 28 January, 2014

                              M.Cr.C. No.8379/13
     28.01.2014
           Shri Surendra Patel, learned counsel for the applicants.
           Shri Umesh Pandey, learned Govt. Adv. for State/respondent No.4.

State counsel submits that in compliance of earlier direction he is under receipt of the case diary.

In view of availability of the case diary, this matter is taken up for admission.

On behalf of the applicants/accused, this petition is preferred under Section 482 of Cr.P.C. for quashment of the charge-sheet filed by the respondent no.1 after holding the investigation of Crime No.198/13, against the applicants for the offence of Sections 323, 294, 336 and 506/34 of I.P.C. and Section 3(1) xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

In the course of arguments in view of the averments of interrogatory statement of Dulichand placed along with the police report and the charge-sheet in the trial Court on making certain query on which, instead to argue further, applicants' counsel seeks permission to withdraw this petition with liberty to raise all the grounds and the objections sated in the petition at the appropriate stage of the trial in defence of the applicants and subject to judgment of the trial Court on arising the occasion in duly constituted appeal.

Considering the aforesaid prayer, without expressing any opinion on merits of the matter, the petition is hereby dismissed as withdrawn and not pressed with liberty aforesaid.

(U. C. Maheshwari) Judge Pb