Madhya Pradesh High Court
Anand Shivhare vs The State Of Madhya Pradesh on 21 August, 2019
Author: Sheel Nagu
Bench: Sheel Nagu
1 MCRC-34716-2019
The High Court Of Madhya Pradesh
MCRC-34716-2019
(ANAND SHIVHARE Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 21-08-2019
Shri Atul Gupta, learned counsel with Shri Purhshottam Rai, learned
counsel for the Petitioner.
Shri Anup Nigam, learned Panel Lawyer for the State.
Let notice be issued to respondent No.2/complainant on payment of
PF within three working days, failing which the present petition shall stand dismissed without further reference to this Court.
Challenge in this petition u/S.482 Cr.P.C. is to the order dated 19/07/2019 by which the trial Court has allowed an application u/S.319 Cr.P.C. directing arraying of the petitioner as an additional accused besides the seven other accused against whom trial for the offence punishable u/S.302/149, 307/149, 147, 148 of IPC was in progress. It is submitted that the petitioner was though named in the FIR as one of the assailants whose assault by way of firearm did not find the target, was not made an accused in the charge-sheet by accepting plea of alibi on the basis of enquiry held by senior police officials.
However, when the testimony of PW/1 to PW/4 who are eyewitnesses were recorded, the petitioner was alleged with the same allegations as contained in the FIR of being present and of using firearm along with the some other but not injuring any one.
Learned counsel for the petitioner while relying upon the decision of the Apex Court in Hardeep Singh Vs. State of Punjab reported in (2014) 3 SCC 92 and also the recent decision of the apex Court in Shiv Prakash Mishra Vs. State of U.P. and Another Shivpal Vs. State of U.P . passed on 23/07/2019 in Cr.A.No.1105/2019 contends that more than strong suspicion necessary for a successful invokation of 319 Cr.P.C. was not available in the present case.
2 MCRC-34716-2019 Meanwhile, till the next date of hearing, proceedings in ST No. against the petitioner shall remain stayed.
List the case in the first week of September, 2019.
(SHEEL NAGU) JUDGE Suneel SUNEEL DUBEY 2019.08.22 16:00:05 +05'30'