VIVEK @ VICKY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision under Sec. 438 of the BNSS, 2023 is preferred challenging the legality of framing of charges of Head No.2 and 4 i.e. under Sec. 109(1) and 351(3) of the BNSS, 2023 vide order dtd. 21/8/2025 passed in S.T.No.34/2025 arising out of Crime No.232/2025 registered at Police Station Nagda, District Ujjain.

(2.) The charges have been framed regarding incident dtd. 22/5/2025 at 01:45 am occurred in front of Police Station Nagda, near Shiv Mandir, Nagda, Ujjain in which Rahul sustained injury by knife.

(3.) The trial Court framed the charges under Sec. 296, 109(1), 115(2) and 315(3) of the BNS, 2023 and this revision petition has been preferred challenging the charges i.e. Head No.2 and 4 only on the ground that vide report dtd. 11/6/2025 (Annexure-P/1) Dr. Ajay Kabra, the doctor of Indubhai Parekh Memorial Hospital, Birlagram, Nagda has opined that sharp incised wounds found at left arm size 7 x 2 cm. was neither a deep wound nor dangerous to life and second wound was also sharp incised wound and without treatment no chance of death. The wounds were not on vital part of the body.