The State Of Madhya Pradesh vs Lalsingh
2022 Latest Caselaw 16062 MP

                                                1
               IN         THE     HIGH COURT OF MADHYA PRADESH
                                        AT INDORE
                                         BEFORE
                      HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                   ON THE 5 th OF DECEMBER, 2022
                                MISC. CRIMINAL CASE No. 27876 of 2021

             BETWEEN:-
             THE STATE OF MADHYA PRADESH STATION HOUSE
             OFFICER THR. P.S. UNHEL (MADHYA PRADESH)

                                                                            .....APPLICANT
             (SHRI MUKESH SHARMA, LEARNED G.A. FOR THE APPLICANT/STATE).

             AND
             1.      LALSINGH S/O RAMAJI, AGED ABOUT 23 YEARS,
                     VILLAGE NAGJHIRI, P.S. UNHEL (MADHYA
                     PRADESH)

             2.      PRAHLAD S/O RAMAJI, AGED ABOUT 25 YEARS,
                     GRAM NAGJHIRI THANA UNHEL (MADHYA
                     PRADESH)

             3.      RAMAJI S/O BHERAJI, AGED ABOUT 70 YEARS,
                     GRAM NAGJHIRI THANA UNHEL (MADHYA
                     PRADESH)

             4.      [email protected] S/O MAN       SINGH GRAM
                     NAGJHIRI THANA UNHEL (MADHYA PRADESH)

                                                                        .....RESPONDENTS

                      This application coming on for hearing this day, the Court passed the
             following:
                                                 ORDER

This application for grant of leave to appeal under Section 378(3) of Cr.P.C., 1973 has been filed against the judgment of dated 20.01.2021 passed Signature Not Verified in the complaint Case No.338/2011 by the Court of Judicial Magistrate First Signed by: BHUVNESHWAR DATT JOSHI Signing time: 12/7/2022 5:34:44 PM Class, Nagda, District-Ujjain whereby the learned court below has acquitted the

respondents from the offences punishable under Sections 294,325 in alternate 325/34 and 506(2) of IPC.

Learned counsel for the applicant/State submits that the Trial Court has to appreciate the various evidence that PW 3 Narayan Singh has supported the prosecution story. His testimony is proof that the respondents have caused injury to the applicant. It is also submitted that the injuries has been proved by medical evidence as well as oral evidence. However, counsel for the State has accepted that respondent No.4 has not played any active role in the incident. The Trial Court has not appreciated the evidence brought on record by the prosecution in right perspective. Hence, prays for grant of leave of appeal.

Learned counsel for the respondent/accused submits that the learned Trial Court has rightly acquitted the respondents from the charges as aforesaid, after considering the material evidence available on record in its right perspective. It is also submitted that the learned Trial Court has considered the statements of the witnesses as well as the medical evidence so produced by the prosecution and has acquitted the respondents. It is also submitted that respondent No.4 Banti @ Prakash has not placed any active role in the incident, fairly submitted. Therefore, considering the aforesaid findings of the Court below no case for grant of leave to appeal is made out and prays for dismissal of the petition.

Heard learned counsel for the parties and perused the record. O n due consideration of the impugned judgment and the submissions advanced by the learned counsels for the parties, I am of the view that it is a fit case in which permission for grant of leave to appeal can be allowed. Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Accordingly, application filed by the applicant under Section 378(3) of Cr.P.C. Signing time: 12/7/2022 5:34:44 PM

is allowed and permission for grant of leave to appeal is granted.

Office is directed to register it as criminal appeal.Office is directed to issue bailable warrants in the sum of Rs.10,000/- each against the respondent Nos.1,2,3 for their appearance before the Registry of this Court on 19.1.2023 and on all subsequent dates as may be fixed by the Registry in this behalf.

With the aforesaid, M.Cr.C.No.27876/2021 stands allowed and disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE Pramod

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 12/7/2022 5:34:44 PM