RAMKISHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Facts leading to the present application are :-1.1 One J. K. Gandhi on 8-4-1990 lodged a report that on a telephone call from P. S. Barwaha, he from his house was coming to P.S. but about 300-400 persons including the above named accused-applicants gave him a beating.1.2. The police registered offence u/S. 147/506 and put up charge-sheet accordingly.1.3. On 17-10-1996, the above named applicants prayed for exemption from appearance on that date, by a simple application and the learned trial Court pleased to grant the same. The proceeding recorded that the accused be kept present on the next date which was fixed for hearing arguments on framing of the charge. The date fixed was 23-10-1996.1.4. On 23-10-1996, the applicants presented themselves but arguments could not be heard as accused-counsel sought time for the same which the Court pleased to grant.

(2.) Shri TN Singh, counsel for the petitioners; Shri K. N. Vijayvargiva, P.L. for State.

(3.) This application is heard and decided at motion hearing, because small point is involved.