The State Of Madhya Pradesh vs Kamlesh Pal
2022 Latest Caselaw 15894 MP

                                                       1
                          IN    THE     HIGH     COURT OF MADHYA                 PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE SHEEL NAGU
                                                       &
                                      HON'BLE SHRI JUSTICE VIRENDER SINGH
                                           ON THE 1 st OF DECEMBER, 2022
                                       MISC. CRIMINAL CASE No. 32398 of 2022

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION DIGOUDA DISTRICT TIKAMGARH (M.P.)

                                                                               .....PETITIONER
                          (BY SHRI AJAY SHUKLA - GOVERNMENT ADVOCATE )

                          AND
                          1.    KAMLESH PAL S/O KOMAL PAL, AGED ABOUT 30
                                Y E A R S , OCCUPATION: AGRICULTURIST R/O
                                GRAM MAJHGUWAN POLICE STATION DIGOUDA
                                DISTRICT TIKAMGARH (M.P.)

                          2.    ACHHELAL ALIAS ACHHU PAL S/O JANUA PAL,
                                AGED    ABOUT    27   YEARS, OCCUPATION:
                                AGRICULTURIST R/O GRAM MAJHGUWAN
                                POLICE   STATION    DIGOUDA     DISTRICT
                                TIKAMGARH (M.P.)

                          3.    RAJU ALIAS BHAJJU PAL S/O BHAIYYAN PAL,
                                AGED    ABOUT    32   YEARS, OCCUPATION:
                                AGRICULTURIST R/O GRAM MAJHGUWAN
                                POLICE   STATION    DIGOUDA     DISTRICT
                                TIKAMGARH (M.P.)

                          4.    DEVENDRA YADAV S/O HARKISHOR YADAV,
                                AGED    ABOUT    22   YEARS, OCCUPATION:
                                AGRICULTURIST, R/O GRAM MAJHGUWAN
                                POLICE   STATION    DIGOUDA     DISTRICT
                                TIKAMGARH (M.P.)

                                                                            .....RESPONDENTS


                                This petition coming on for admission this day, JUSTICE SHEEL
Signature Not Verified
Signed by: DINESH VERMA
Signing time: 12/3/2022
11:29:54 AM
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                          NAGU passed the following:
                                                               ORDER

I.A. No.13752/2022, an application seeking condonation of delay of 18 days is taken up, considered and allowed for the reasons mentioned therein.

2. Delay in preferring present MCRC stands condoned.

3. Present petition has been filed by the State u/S 378(3) of Cr.P.C. seeking leave to appeal against the impugned judgment of acquittal dated 16.02.2022 passed in S.T. No.258/2019 by Second Additional Judge to the Court of First Sessions Judge, Tikamgarh (M.P.) whereby respondents No.1 to 4 have been acquitted of the offence u/Ss. 302 in alternate 302 read with

Section 34 and 201 of IPC.

4. After hearing learned counsel for the petitioner and perusal of the record as also the findings rendered by the trial Court, this Court is of the considered view that there is sufficient ground to grant leave to appeal.

5. Accordingly, leave to appeal is granted.

6. MCRC No.32398/2022 stands disposed of.

7. Registry is directed to register memo of appeal appended with this application as Criminal Appeal.

8. Let bailable warrant in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) be issued against respondents No.1, 2, 3 & 4 each for their appearance before the Principal Registrar of this Court on a date to be fixed by the Office.

9. List along with Cr.A.No.7438 of 2022.

                               (SHEEL NAGU)                                           (VIRENDER SINGH)
                                   JUDGE                                                   JUDGE
Signature Not Verified
Signed by: DINESH VERMA
Signing time: 12/3/2022
11:29:54 AM

                          DV




Signature Not Verified
Signed by: DINESH VERMA
Signing time: 12/3/2022
11:29:54 AM