[Cites 1, Cited by 0]
Madhya Pradesh High Court
Aryan Meena vs The State Of Madhya Pradesh on 2 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
NEUTRAL CITATION NO. 2026:MPHC-IND:3255
IN THE HIGH COURT OF MADHYA PRADESH
AT Indore
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 55105 of 2025
ARYAN MEENA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Umesh Sharma - Advocate for the petitioner.
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
MISC. CRIMINAL CASE No. 53880 of 2025
ARYAN MEENA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
2
NEUTRAL CITATION NO. 2026:MPHC-IND:3255
Shri Umesh Sharma - Advocate for the petitioner.
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
ORDER
Both the petitions involve identical issues. Therefore, they were being
heard and considered together.
This petition under Section 528 of BNSS, 2023 is filed feeling
aggrieved by order dated 27.10.2025 passed in Cr.R. No. 126/2025 by the 9th
Additional Sessions Judge, Distt. Ujjain whereby the order dated 08.08.2025
passed in RCT No. 1179/2025 by Shri Anurag Sharma, Judicial Magistrate
First Class, Distt. Ujjain was set aside and RCT No. 1179/2025 registered on
Crime No. 721/2024 at P.S. Chimanganj Mandi was directed to be committed
to the Court of Sessions.
The impugned order dated 27.10.2025 is assailed in the petition on the
following grounds:
(i) In Crime No. 720/2024, the incident happened on 12.10.2024 at
around 8:00 in the night at Gali No. 4, Mohan Nagar Distt. Ujjain.
Sonu alias Soni and Dharmendra allegedly, assaulted the complainant
and Krishna. Krishna had died due to injuries sustained in the alleged
incident. P.S. Chimanganj Mandi registered FIR at Crime No.
720/2024, whereas a counter case was registered at Crime No.
721/2024 at P.S. Chimanganj Mandi wherein, the incident has
allegedly occurred on 12.10.2024 at around 22:15 hours at the house
NEUTRAL CITATION NO. 2026:MPHC-IND:3255
of complainant in Mohan Nagar, Distt. Ujjain. Thus, there was
material difference between the time, place and the nature of incident.
(ii) Learned JMFC, Distt. Ujjain vide order dated 08.08.2025 passed in
RCT No. 1179/2025 declined to try both the matters as cross-case.
Lalita, an injured complainant, assailed the order dated 08.08.2025 by
filing a criminal revision. The 9th Additional Sessions Judge, Distt.
Ujjain in Cr.R. 126 of 2025 set aside the order dated 08.08.2025 and
directed trial of both the cases by same Court. The impugned order is
erroneous. Therefore, the impugned order dated 27.10.2025 be set
aside.
This petition filed u/S 528 of BNSS, 2023 is filed feeling aggrieved by
the order dated 07.10.2025 passed in Cr.R. No. 132/2025 by the 7th Additional
Sessions Judge, Distt. Ujjain whereby the order dated 08.08.2025 passed in
RCT No. 1179/2025 by Shri Anurag Sharma, Judicial Magistrate First Class,
Distt. Ujjain was set aside and RCT No. 1179/2025 registered at Crime No.
720/2024 at P.S. Chimanganj Mandi was directed to be committed for trial to
the Court of Sessions, alongwith S.T. No. 74/2025.
The impugned order dated 27.10.2025 is assailed in the petition on the
following grounds:
(i) In Crime No. 720/2024, the incident happened on 12.10.2024 at
around 8:00 in the night at Gali No. 4, Mohan Nagar Distt. Ujjain.
Sonu alias Soni and Dharmendra allegedly, assaulted the complainant
and Krishna. Krishna had died due to injuries sustained in the alleged
NEUTRAL CITATION NO. 2026:MPHC-IND:3255
incident. P.S. Chimanganj Mandi registered FIR at Crime No.
720/2024, whereas a counter case was registered at Crime No.
721/2024 at P.S. Chimanganj Mandi wherein, the incident has
allegedly occurred on 12.10.2024 at around 22:15 hours at the house
of complainant in Mohan Nagar, Distt. Ujjain. Thus, there was
material difference between the time, place and the nature of incident.
(ii) Learned JMFC, Distt. Ujjain vide order dated 08.08.2025 passed in
RCT No. 1179/2025 declined to try both the matters as cross-case.
Sonu @ Son Kumar, another injured complainant, assailed the order
dated 08.08.2025 by filing a criminal revision. The 7th Additional
Sessions Judge, Distt. Ujjain in Cr.R. 132 of 2025 set aside the order
dated 08.08.2025 and directed committal of RCT no. 1179/2025 to
the Court of Session. The impugned order is erroneous. Therefore,
the impugned order dated o7.10.2025 be set aside.
2. Learned counsel for the petitioners in both the matter, in addition to the
grounds mentioned in the petitions, contends that the complainant party
misguided the revisional Court and filed two separate revisions assailing the
same order dated 08.08.2025. The allegations contained in Crime No. 720/2024
and Crime No. 721/2024 registered at P.S. Chimanganj Mandi are substantially
different with regard to the time, place and the nature of accusation. Therefore,
there was no occasion to direct trial of both the cases by same Court. The
petitioners would be deprived appeal before the Court of Sessions, if RCT No.
1179/2025 pending before the JMFC is committed in compliance with the
NEUTRAL CITATION NO. 2026:MPHC-IND:3255
impugned order. It would cause serious prejudice to the petitioners. Therefore,
the impugned orders deserve to be set aside.
3. Per Contra, learned counsel for the State opposes the petitions and
submits that both the offences were committed during course of same incident.
The place of incident in both the offence is almost similar. Therefore, the
Revisional Courts committed no error in directing trial of both offences by
same Court. The petition is meritless.
4. Heard both the parties and perused the record.
5. The case diary of Crime No. 720/2024 registered at P.S. Chimanganj
Mandi reveals that Deepanshu S/o Amand Singh Meena reported to S.I.
Priyanka of P.S. Chimanganj Mandi on 13.10.2024 at 3:15 AM that on
12.10.2024, around 10:00 in the night, he alongwith his brother Aryan and
cousin Krishna were returning home after immersion of idols (visarjan). When
they reached Gali No. 4 in Mohan Nagar, Sonu and Dharmendra abused them
in filthy language over previous dispute. Sonu assaulted Aryan with some
sharp object on his head. Sonu also assaulted Deepanshu. Dharmendra
assaulted Deepanshu and Aryan with pipe. Rahul and Kuldeep rescued them.
Sonu and Dharmendra threatened to kill them. On such allegations, the P.S.
Chimanganj Mandi registered FIR for offence punishable u/S 115(2), 118(1),
296, 351(3) and 3(5) of BNS, 2023. During investigation, Deepanshu alleged
that Sonu and Dharmendra had assaulted Krishna in the incident. Krishna was
forwarded for medico legal examination. He was referred for further treatment
to Civil Hospital, Ujjain and later to M.Y. Hospital, Indore. After discharge
from M.Y. Hospital, his family members took him to their parental house in
NEUTRAL CITATION NO. 2026:MPHC-IND:3255
Village Pachala in Rajasthan. On 03.11.2024, Krishna was again admitted at
District Hospital at Sawayi Madhopur,Rajasthan. Krishna died during
treatment. The P.S. Sawayi Madhopur registered unnatural death intimation.
The dead body was forwarded for post-mortem examination. The Medical
Officer opined that Krishna had died due to injury caused on his head around
21 days before the post-mortem examination. Accordingly, prosecution for
offence punishable u/S 103 of BNS, 2023 was further added. The final report
was submitted on completion of investigation. As informed, the trial is pending
at S.T. No. 74/2025 before the 9th Additional Sessions Judge, Ujjain.
6. The case diary of Crime No. 721/2024 reveals that Sonu S/o Sugar Singh
R/o of Gali No. 4, Mohan Nagar, Ujjain admitted at J.K. Hospital, Ujjain
reported to Head Constable of P.S. Chimanganj Mandi on 13.10.2024 that on
previous night i.e. 12.10.2024, around 22:15 hrs, he was at his home,
Deepanshu, Aryan and Yashpal entered his house and abused him in filthy
language over garba celebration. Deepanshu assaulted him with iron rod on his
right hand and back. Yashpal assaulted him with knife on his head. Aryan
assaulted him with kick and fist blows and iron rod. Lalita and Aniket tried to
intervene. They have also sustained injuries. Accused threatened to kill them.
On such allegations, P.S. Chimanganj Mandi registered FIR at Crime No.
721/2024 against Deepanshu, Aryan and Yashpal.
7. A bare perusal of both the matters shows that both the incidents
happened in close proximity of time on 12.10.2024. Sonu Kushwah alleged
that accused entered his home at around 22:15 hrs in the night of 12.10.2024
and abused him with regard to quarrel at garba. The FIR at Crime No.
NEUTRAL CITATION NO. 2026:MPHC-IND:3255
721/2024 shows address of Sonu as Gali No. 4, Mohan Nagar, Ujjain. Thus,
both the incident happened in Gali No. 4, Mohan Nagar, Ujjain in close
proximity of time over quarrel at the procession of immersion of
idols(visarjan). Learned revisional Court relying on the judgment of Supreme
Court in the case of Sudhir & Others Vs. State of M.P. reported in AIR 2001
SC 826 concluded that both the matters are apparently cross-case regarding
incident which happened in close proximity of 15 minutes only. Therefore,
both the matter should be tried by same Court to avoid conflicting judgments
and conflicting versions of same incident.
8. Different petitioners have applied for revision against same order. But
both the Courts passed similar orders in revision with identical conclusions.
Therefore, no prejudice is caused to any of the parties. So far as the petitioner
is concerned, the right to appeal would be available to him, even if the cases
are tried by the Court of Sessions. Therefore, no serious prejudice would be
caused to the petitioner.
9. In view of aforesaid discussion, this Court is of the considered opinion
that the Revisional Courts did not commit any apparent impropriety or
manifest illegality in directing trial of both the cases by the same Court. No
case is made out to invoke inherent jurisdiction.
10. Consequently, both the petitions are dismissed.
A copy of this order be kept in the connected M.Cr.C. No. 53880/2025
(SANJEEV S KALGAONKAR)
SEHAR
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JUDGE
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HASEE
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MADHYA PRADESH BENCH AT
INDORE,CID - 7059964,
postalCode=452007, st=Madhya
Pradesh,
N
serialNumber=e7dbba955b262c04b
8413251ce7fb6f0b7dba610c57f155
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HASEEN
Date: 2026.02.02 19:40:35 +05'30'
NEUTRAL CITATION NO. 2026:MPHC-IND:3255
