PAWAN KUMAR KURMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-

(2.) It is submitted by counsel for petitioner that petitioner is a practicing Advocate. A false FIR No.103/2009 was registered by Police Station Baheriya, District Sagar for offence under Ss. 307, 147, 148, 149, 294, 323, 324, 450, 506 of IPC. The name of petitioner has been falsely implicated because there are two fractions in the village and the petitioner is a counsel for some of the members of one fraction of village. It was falsely alleged that petitioner had assaulted Jai Singh by Lathis. It is submitted that on 06/05/2009, petitioner had appeared before the Civil Court and therefore, it is clear that he was not present on the spot. Affidavits were also given by some of the witnesses to show that he was not present on the spot but he was present in the Court. It is further submitted that by order dtd. 03/08/2009 passed by Co-ordinate Bench of this Court, arrest of petitioner in Crime No.103/2009 was stayed. It appears that charge-sheet was filed by Police against remaining accused persons. Witnesses have been examined and they have turned hostile and accordingly, it is submitted that no useful purpose would be served by compelling the petitioner to undergo the trial.

(3.) Per contra, petition is vehemently opposed by counsel for the State. It is submitted that as per the written information received from SHO, Police Station Baheriya, District Sagar, the case was fixed before the Trial Court on 30/09/2024 but the case has been adjourned. It is further submitted that since one of the injured has expired, therefore offence under Sec. 302 of IPC was added.