PRASHANT ALIAS SHIVPRATAP Vs. STATE OF M.P.

JUDGEMENT

(1.) Inherent powers of this Court u/S.482 of Cr.P.C . are invoked seeking interference in the judgment of acquittal passed on 21.10.2016 in Criminal Case No.35/2016 by JMFC Gohad, District Bhind acquitting the sole petitioner-Prashant alias Shivpratap from the charge punishable u/S. 452 of IPC to the extent that the same is categorized as based on benefit of doubt.

(2.) Learned counsel for rival parties are heard on the question of admission and final disposal.

(3.) Learned counsel for petitioner submits that though he has been acquitted of the charge of offence punishable u/S.452 of IPC which relates to house trespass after preparation of causing hurt assault or wrongful restrain but despite the prosecution having failed to establish even an iota of the charges the learned trial Judge instead of honourably acquitting the petitioner has categorized the acquittal as based on benefit of doubt. It is submitted that petitioner is a young man aged about 24-25 years old and the said technical acquittal would adversely affect his prospects of a public employment in the future.