Madhya Pradesh High Court
Ashok Dixit vs Sessions Judge Bhind on 16 September, 2014
MCRC 7188/10
16.9.2014
Shri Prashant Sharma, Advocate for the petitioner.
Shri Arun Barua, P.L. for the respondent/State.
The petitioner/accused has filed this petition under section 482 of Cr.P.C. for quashing the order dated 29.7.10 passed by the court of 6th Additional Sessions Judge, Bhind and order dated 9.8.10 passed by the Chief Judicial Magistrate, Bhind in Criminal Case No.897/10 whereby the cognizance was taken against the petitioner under sections 177, 219 of IPC.
Heard on the question of admission.
On perusal of the record, it is evident that S.T. No.35/07 was pending before the court of 6th Additional Sessions Judge, Bhind wherein summons to the witnesses were issued by the court. The said summons were not served by the Station Officer petitioner/accused-Ashok Dixit and he intentionally submitted false report malaciously by means of corrupt practice. On the basis of the aforesaid facts, the learned trial court passed an order against the petitioner/accused for his prosecution under the aforesaid offences and the complaint was sent to the court of Chief Judicial Magistrate Bhind whereupon the cognizance was taken vide order dated 9.8.10 against the petitioner/accused.
Considering the aforesaid facts and circumstances of the case, no substance has been found in this petition for quashing the aforesaid orders as stated earlier as the order MCRC 7188/10 dated 29.7.10 passed by the 6th Additional Sessions Judge Bhind was not challenged by the petitioner/accused then and there. Hence, the petition being devoid of merit and substance is hereby dismissed.
(M.K.Mudgal) Judge.
van