Khayali Pal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5347 MP

                                                               1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                                BEFORE
                                                   HON'BLE SHRI JUSTICE SHEEL NAGU
                                                                   &
                                                HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                                       ON THE 12th OF APRIL, 2022

                                               MISC. CRIMINAL CASE No. 8759 of 2022

                                         Between:-
                                         KHAYALI PAL S/O SHIV CHARAN PAL, AGED
                                         ABOUT 41 YEARS, OCCUPATION: AGRICULTURE
                                         R/O VILLAGE- SUJANPURA, P.S. PRATHVIPUR,
                                         DISTT. TIKAMGARH M.P. (MADHYA PRADESH)

                                                                                         .....PETITIONER
                                         (BY MS. VANDANA SHRIVASTAVA, ADVOCATE )

                                         AND

                                    1.   THE STATE OF MADHYA PRADESH THROUGH
                                         STATION HOUSE OFFICER POLICE STATION
                                         PRATHVIPUR DISTRICT NIWARI M.P. (MADHYA
                                         PRADESH)

                                    2.   RAMRATAN YADAV S/O SHRI HARDAS YADSAV,
                                         AGED ABOUT 45 YEARS, OCCUPATION: NIL R/O
                                         VILLAGE   SUJANPURA    POLICE    STATION
                                         PARTHVIPUR DISTRICT NIWARI OLD DISTRICT
                                         TIKAMGAERH M.P. (MADHYA PRADESH)

                                    3.   RAJKUMAR YADAV S/O SHRI HARIDAYAL YADAV ,
                                         AGED ABOUT 22 YEARS, OCCUPATION: NIL R/O
                                         VILLAGE   SUJANPURA     POLICE   STATION
                                         PARTHVIPUR DISTRICT NIWARI OLD DISTRICT
                                         TIKAMGAERH M.P. (MADHYA PRADESH)

                                    4.   MANOJ KUMAR YADAV S/O SHRI LOUHAN
                                         YADAV, AGED ABOUT 22 YEARS, OCCUPATION:
                                         NIL R/O VILLAGE SUJANPURA POLICE STATION
                                         PARTHVIPUR DISTRICT NIWARI OLD DISTRICT
                                         TIKAMGAERH M.P. (MADHYA PRADESH)

                                    5.   RAMKUMAR YADAV S/O SHRI PAHALWAN YADAV,
                                         AGED     ABOUT    30   YEARS, OCCUPATION:
                                         AGRICULTURIST R/O VILLAGE SUJANPURA
                                         POLICE STATION PARTHVIPUR DISTRICT NIWARI
                                         OLD DISTRICT TIKAMGAERH M.P. (MADHYA
                                         PRADESH)

                                    6.   RAMESHWAR YADAV S/O SHRI SHIMBU YADAV ,
                                         AGED     ABOUT    26   YEARS, OCCUPATION:
                                         AGRICULTURIST R/O VILLAGE SUJANPURA
                                         POLICE STATION PARTHVIPUR DISTRICT NIWARI
                                         OLD DISTRICT TIKAMGAERH M.P. (MADHYA
Signature Not Verified
  SAN
                                         PRADESH)

Digitally signed by SHIBA NARAYAN
BISWAL
                                    7.   MANVENDRA S/O KUNWARLAL YADAV , AGED
Date: 2022.04.13 11:05:05 IST
                                         ABOUT 26 YEARS, OCCUPATION: AGRICULTURIST
                                                                  2
                                            R/O VILLAGE SUJANPURA POLICE STATION
                                            PARTHVIPUR DISTRICT NIWARI OLD DISTRICT
                                            TIKAMGAERH M.P. (MADHYA PRADESH)

                                    8.      SHANKAR YADAV S/O SHRI SHIMBU YADAV,
                                            AGED     ABOUT    26   YEARS, OCCUPATION:
                                            AGRICULTURIST R/O VILLAGE SUJANPURA
                                            POLICE STATION PARTHVIPUR DISTRICT NIWARI
                                            OLD DISTRICT TIKAMGAERH M.P. (MADHYA
                                            PRADESH)

                                    9.      RAM SAHAY YADAV S/O SHRI PAHALWAN YADAV,
                                            AGED     ABOUT    26   YEARS, OCCUPATION:
                                            AGRICULTURIST R/O VILLAGE SUJANPURA
                                            POLICE STATION PARTHVIPUR DISTRICT NIWARI
                                            OLD DISTRICT TIKAMGAERH M.P. (MADHYA
                                            PRADESH)

                                    10.     FARASHRAM YADAV S/O SHRI RAMNATH YADAV,
                                            AGED     ABOUT    42   YEARS, OCCUPATION:
                                            AGRICULTURIST R/O VILLAGE SUJANPURA
                                            POLICE STATION PARTHVIPUR DISTRICT NIWARI
                                            OLD DISTRICT TIKAMGAERH M.P. (MADHYA
                                            PRADESH)

                                    11.     RAJU YADAV S/O SHRI RAMESH YADAV , AGED
                                            ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST
                                            R/O VILLAGE SUJANPURA POLICE STATION
                                            PARTHVIPUR DISTRICT NIWARI OLD DISTRICT
                                            TIKAMGAERH M.P. (MADHYA PRADESH)

                                    12.     LOUCHAN YADAV S/O SHRI RAMNATH YADAV,
                                            AGED     ABOUT    50   YEARS, OCCUPATION:
                                            AGRICULTURIST R/O VILLAGE SUJANPURA
                                            POLICE STATION PARTHVIPUR DISTRICT NIWARI
                                            OLD DISTRICT TIKAMGAERH M.P. (MADHYA
                                            PRADESH)

                                    13.     RAMESH YADAV S/O SHRI MAHRAJ SINGH
                                            YADAV, AGED ABOUT 60 YEARS, OCCUPATION:
                                            AGRICULTURIST R/O VILLAGE SUJANPURA
                                            POLICE STATION PARTHVIPUR DISTRICT NIWARI
                                            OLD DISTRICT TIKAMGAERH M.P. (MADHYA
                                            PRADESH)

                                                                                                 .....RESPONDENTS
                                            (BY SHRI AJAY SHUKLA, GOVERNMENT ADVOCATE FOR
                                            RESPONDENT No.1)

                                          This application coming on for admission this day, JUSTICE SHEEL
                                    NAGU passed the following:
                                                                       ORDER

The victim has preferred the instant leave to appeal to challenge the impugned judgment of acquittal dated 30.12.2021.

Appropriate remedy available to the victim is under proviso to Section 372 Signature Not Verified SAN

Cr.P.C. by preferring an appeal. Digitally signed by SHIBA NARAYAN BISWAL

I.A. No.4947/2022, application for conversion of M.Cr.C. into criminal Date: 2022.04.13 11:05:05 IST

appeal, after due consideration and for the reasons mentioned therein, is allowed.

Let the conversion be taken place within fifteen days. List thereafter.

M.Cr.C. stands disposed of.

                                       (SHEEL NAGU)                                             (MANINDER S BHATTI)
                                           JUDGE                                                      JUDGE
                                    Biswal




Signature Not Verified
  SAN

Digitally signed by SHIBA NARAYAN BISWAL Date: 2022.04.13 11:05:05 IST