VINAY YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) Looking to the commonality of facts, this order shall govern the disposal of all the applications.

(2.) M.Cr.C.No.36301/19 is the second application, whereas other two applications are the first application, preferred by the applicants under Section 438 of Cr.P.C. wherein they are apprehending their arrest in a case registered at Crime No.119/2019 at Police Station Bhander, District Datia, for the offence under Sections 323, 324, 326, 341, 336, 294, 506, 34 of IPC. First application on behalf of applicants in M.Cr.C.No.36301/19 was dismissed as withdrawn

(3.) It is the submission of learned counsel for the applicants that applicants are apprehending their arrest on the basis of registration of offences referred above. It is the submission of learned counsel for the applicants that they are implicated on false pretext. Earlier the facts could not be brought on record in correct perspective before this Court, and therefore, M.Cr.C.No.36301/2019 has been filed in the shape of second application. As per the allegations after the cultivation of their agricultural field when the complainant party was coming back home, applicant No.1 in M.Cr.C.No.36301/19 allegedly tried to restrain them by obstructing the road through tractor and abused them. When the complainant asked not to abuse, applicant- Harimohan opened fire in air and applicant Karan Singh came with axe and inflicted blow over the head of the complainant, as a result of which blood oozed out. Other applicants and co-accused also participated in the incident. Applicant No.2 in M.Cr.C.No.36301/19 also sustained injuries and it is a case of false implication because cross-case has also been registered against the complainant (and six other persons) on the same day.