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[Cites 9, Cited by 17]

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Lekhraj on 13 January, 2022

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                1
          THE HIGH COURT OF MADHYA PRADESH
                       MCRC.59778/2021
               State of M.P. v. Lekhraj and Ors.

Gwalior, Dated: 13.01.2022

      Shri APS Tomar, Counsel for the applicant/State.

      Heard on the question of admission.

      This application has been filed seeking leave to file an appeal

against the judgment dated 17 th of August, 2021 passed in

SCATR/29/2018 by Special Judge (Atrocities) Distt. Sheopur by

which the respondents have been acquitted for offence under

Sections 323, 294, 506, 325, 34 of IPC and under Section 3 (1) (r), 3 (1) (s) and 3 (2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by the Counsel for the applicant that evidence of the eye witnesses have been rejected by the Court below on flimsy grounds Considering the submissions made by the Counsel for the applicant as well as in the light of evidence of Naresh (PW/1) and Urmila Bai (PW/4), this Court is of the considered opinion that it is a fit case to grant leave to file an appeal against the impugned judgment dated 17th of August, 2021. Accordingly, the application is allowed and the State is granted leave to file an appeal against the impugned judgment.

The appeal being arguable is admitted for final hearing. Issue bailable warrants in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand) each for appearance of the respondents before this 2 THE HIGH COURT OF MADHYA PRADESH MCRC.59778/2021 State of M.P. v. Lekhraj and Ors.

Court on 28th of March, 2023 and on all other dates which may be given by the Office in this regard.

With aforesaid observations, the M.Cr.C. is finally disposed of.

(G.S. Ahluwalia) Judge ar ABDUR RAHMAN 2022.01.13 17:10:11 +05'30'