High CourtsSingle Bench(2012) 09 MP CK 0247

Mukesh Kumar Gupta vs State of M.P.

Madhya Pradesh High Court · Decided on 7 September 2012

HON’BLE JUDGES
Anil Sharma, J
RESULT
Dismissed
CASE NUMBER
MCRC 5262 of 2012

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Judgment

5 paragraphs · 199 words

Anil Sharma, Judge

1.

Heard counsel. Petitioner has filed the present petition u/s 482 Cr.P.C. for quashing the FIR registered at Crime No. 279/2012 for the offences punishable under sections 307, 336, 294 and 427 read with section 34 IPC by Police Station Ambah, District Morena and the criminal proceedings pursuant thereto.

2.

Learned Counsel for the petitioner submits that in the FIR of the aforesaid offence, there is no allegation that anybody has been injured by firing by any of the accused, as such, no offence punishable u/s 307 IPC is made out.

3.

The offence u/s 307 IPC is in two parts, firstly whoever does any act with intention or knowledge that if he by that act caused the death he would be guilty of murder, he shall be punished with imprisonment of either description for a term which may extend to ten years, and secondly if hurt is caused to any person by such act, the offender shall be liable for imprisonment of life.

4.

Looking to the allegation of firing towards the complainant in the FIR, it cannot be said that the offence u/s 307 IPC is not made out. Hence, the petition is dismissed.