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Madhya Pradesh High Court

Himanchal Sharma vs The State Of Madhya Pradesh on 5 September, 2017

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                                                 Cr.R. No.790/2017

              (Himanchal Sharma Vs. State of M.P.)
05.09.2017
      Shri N.P.Dwivedi, Sr. Advocate with Shri S.K. Tiwari,
Advocate for the petitioner.
      Shri    G.S.   Chouhan,        Public   Prosecutor   for   the
respondent/State.

Issue notice to respondent on payment of process fee within a period of seven working days.

Learned counsel for the rival parties are heard on the question of admission.

Learned senior counsel for the petitioner while assailing the order of framing of charge against the petitioner u/S 170, 171, 465, 467, 420 and 468 of IPC submits that offence punishable under either of these sections are not made out, even if the allegations made in the chargsheet annexed herewith are taken to be true.

Learned senior counsel has read over the FIR and the connected documents including the seizure memo and statement of witnesses recorded u/S 161 Cr.P.C.

From the above, it appears on a prima-facie assessment that basic ingredients of cheating as defined u/S 415 and punishable u/S 420 IPC may not be made out and therefore as a necessary consequence, the offence punishable u/S 468 of IPC (forgery for the purpose of cheating) and u/S 467 IPC (forgery of valuable security, will etc) also may not be made out.

However, after hearing learned counsel for the rival parties and perusing the record, there seems to be enough prima-facie evidence collected by the prosecution to satisfy the basic ingredients of the offences punishable u/S 170, 171 and 465 of IPC.

Therefore this Court to the extent of challenge to the order of framing of charge in respect of offences punishable u/S 170,171, 465 IPC is concerned, is dismissed at the admission stage itself.

The present revision is entertained only in respect of challenge to the impugned charges framed u/S 420, 467 and 468 IPC.

As an interim measure, it is directed that the trial so far as it relates to charges u/S 420, 467 and 468 IPC shall remain stayed till the next date of hearing.

(Sheel Nagu) Judge sh/-