MAHESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under section 482 of Cr. P.C., 1973 has been filed against the order dated 23.12.2016 passed by 1st Additional Sessions Judge, Dabra District Gwalior in S.T. No.582/2016 by which in exercise of powers under sections 193 of Cr. P.C., 1973 the Court below has taken cognizance against the applicant for offence under Sections 148, 294, 323, 324, 325, 326, 506 read with Section 149 of IPC.

(2.) The necessary facts for the disposal of the present petition in short are that the complainant lodged a FIR on the allegation that on 24.11.2015 at 11:30 in the afternoon he was irrigating his field and at that time the co-accused Hemant was also there and he diverted the water towards his field. When it was objected by the complainant, the co-accused Hemant started abusing him. His father was also with him. The co-accused Hemant called various accused persons after informing them on the mobile and the accused persons along with the applicant came there. They were armed with Lathi, Luhangi and Axe etc. and they started assaulting the injured. When Bhagwan Singh, the father of the complainant tried to save the complainant, he too was assaulted by the accused persons, as a result of which the complainant and his father sustained the injuries.

(3.) It is submitted by the counsel for the applicant that during the investigation, the police came to a conclusion that the applicant had reported at Headquarter of his Battalion at Police Line Korba on 24.11.2015 at 8:30 in the morning after availing his leave, whereas the incident is alleged to have taken place at 11:30 in the afternoon on 24.11.2015, thus, it is clear that the applicant was not present on the spot at the time of the incident and accordingly the police did not file the charge sheet against the applicant by accepting his plea of alibi.