LAWS(MPH)-2019-9-56

LAYAKRAM BAGHEL Vs. STATE OF M.P.

Decided On September 06, 2019
Layakram Baghel Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 482 of Cr.P.C. assailing the order dated 11/01/2019 passed by 16th Additional Sessions Judge, Gwalior in Criminal Revision No.366/2018, whereby the order dated 28/09/2018 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No.496/2016 under Section 319 of Cr.P.C. has been affirmed.

(2.) Learned counsel for the petitioner has submitted that in the present case, the petitioner has been made accused by the concerned Police, however, as per the report dated 25/04/2016 of CSP Gwalior, the presence of the petitioner at the place of occurrence is not found proved. Learned counsel for the petitioner has further submitted that the present petitioner has been falsely implicated in this case. There is no evidence on record by which the involvement of the petitioner can be found proved. It is submitted that the petitioner was at a distant place from the spot on the date of incident. Hence, learned counsel for the petitioner prayed for quashment of the impugned orders passed by the Courts below.

(3.) Learned Public Prosecutor appearing for the State submits that form the evidence available on record, it is apparent that the petitioner was involved in the incident, however, the accusation against the petitioner will have to be adjudged on the basis of evidence during trial, therefore, it is not appropriate stage for quashment of the impugned orders.