The State Of Madhya Pradesh vs Phool Singh Meena
2022 Latest Caselaw 6017 MP

                                                           1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          BEFORE
                                             HON'BLE SHRI JUSTICE SUJOY PAUL
                                                             &
                                        HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                  ON THE 23rd OF APRIL, 2022

                                        MISC. CRIMINAL CASE No. 23369 of 2021

                                  Between:-
                                  THE STATE OF MADHYA PRADESH THR POLICE
                                  STATION AHMADPUR DISTT. SEHORE M.P
                                  (MADHYA PRADESH)

                                                                                        .....PETITIONER
                                  (BY SHRI S.K.KASHYAP, GOVERNMENT ADVOCATE)

                                  AND

                        1.        PHOOL SINGH MEENA S/O LATE SHRI RAM SINGH
                                  MEENA , AGED ABOUT 52 YEARS, R/O. VILL.
                                  DEHARI P.S. AHMADPUR (MADHYA PRADESH)

                        2.        BABULAL MEENA S/O PHOOL SINGH MEENA ,
                                  AGED ABOUT 23 YEARS, VILLAGE DEHARI PS
                                  AMHADPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS


                              This application coming on for admission this day, JUSTICE SUJOY

                        PAUL passed the following:
                                                            ORDER

Heard on the application seeking leave to appeal filed under Section 378(3) of the Cr.P.C. against the judgment dated 02.02.2021 passed in S.T.No.46/2019 whereby both the respondents Phool Singh Meena and Babulal Meena have committed murder of two persons, who have been acquitted on a hyper technical ground.

Learned G.A. for the appellant State submits that as per the prosecution story, on 19.11.2018 at around 11 a.m., respondents accused persons assaulted Kamlesh and Sagun Bai. Naryan Singh (PW-4) and Pachcho Bai (PW-5) are the eye witnesses and Morsingh (PW-6) has corroborated their statements. The Court below on hyper technical ground acquitted the respondents accused persons, Signature SAN Not Verified which is bad in law.

Digitally signed by S HUSHMAT We have heard the learned counsel for the appellant at length and perused HUSSAIN Date: 2022.04.23 16:17:54 IST

the record.

Prima facie we find substance in the arguments of the learned G.A. for the appellant State, accordingly, leave is granted.

Office is directed to convert this M.Cr.C. into a criminal appeal.

Let a bailable warrant in the sum of Rs.25,000/- be issued against each of the respondents for securing their presence before the Registry for a date to be fixed by the Registry.

Accordingly, this M.Cr.C. stands disposed of.

     (SUJOY PAUL)                                       (DWARKA DHISH BANSAL)
        JUDGE                                                  JUDGE
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