The State Of Madhya Pradesh vs Lalu Ojha
2023 Latest Caselaw 6694 MP

                                                      1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 25 th OF APRIL, 2023
                                      CRIMINAL APPEAL No. 5255 of 2023

               BETWEEN:-
               THE STATE OF MADHYA PRADESH THROUGH POLICE
               STATION CITY KOTWALI DISTT. BHIND (MADHYA
               PRADESH)

                                                                                  .....APPELLANT
               (BY SHRI A.P.S.TOMAR- PUBLIC PROSECUTOR FOR THE STATE)

               AND
               LALU OJHA S/O CHHOTELAL OJHA, AGED ABOUT 31
               YEARS, R/O BHIMNAGAR BHIND (MADHYA PRADESH)

                                                                                .....RESPONDENT


                           Th is appeal coming on for hearing this day, t h e court passed the
               following:
                                                       ORDER

I.A.No.6748/2023, an application under Section 378(3) of Cr.P.C.seeking

leave to file appeal against the judgment dated 25.1.2023 passed by the Chief Judicial Magistrate, Distt. Bhind, in R.C.T.No.659/2018 whereby trial Court has acquitted the respondent from the charge under Section 294, 325, 506 Part II of IPC.

Heard learned counsel for the State and perused the impugned judgment. T h e trial Court found that evidence of complainant has not been Signature Not Verified supported by eye-witness Krishnakant. He stated that when he reached at the Signed by: MADHU SOODAN PRASAD spot he found that accused was present on the spot without Lathi. There were Signing time: 25-04-2023 06:51:46 PM

two other boys and they inflicted Danda blow to the complainant. The other eye-witness Sameer Khan did not examine in the matter.

No ground is made out to take a different view than the one which is taken by the learned trial Court.

I.A.No.6748/2023 seeking leave to file appeal stands rejected. Resultantly this appeal is dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 25-04-2023 06:51:46 PM