Madhya Pradesh High Court
Preetam Patel vs The State Of Madhya Pradesh on 21 December, 2018
1 MCRC-48526-2018
The High Court Of Madhya Pradesh
MCRC-48526-2018
(PREETAM PATEL Vs THE STATE OF MADHYA PRADESH)
MCRC-42572-2018
(DINESH KUMAR Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 21-12-2018
Shri Madan Singh with Shri S.K. Khampariya, Advocates for the
applicants.
Shri Vijay Soni, GA for the respondent/State.
Argu ments heard upon both the applications filed on 22.10.2018 under sections 439 of CrPC on behalf of applicants Dinesh Kumar and Preetam Patel.
Case diary of Crime No.130/2018 registered at Police Station Pawai, District Panna (M.P.) under Sections 294, 323, 324, 506 and 307 of IPC, also perused.
During arguments, it is submitted by the counsel for the applicants that he does not want to press the application on behalf of the applicant Preetam Patel.
Therefore, MCRC NO. 48526/2018 filed by applicant Preetam Patel is dismissed as withdrawn.
It appears from the case diary of crime No. 130/2018 that the FIR was lodged by Chhange Raja on 04.05.2018 at Police Station Pawai, District Panna. Initially the case was registered under Sections 294, 323, 324 and 506 of IPC. During investigation upon the basis of medical and x-ray/CT Scan report, sections 326 and 307 of IPC also included.
I t appears from the order dated 11.10.2018 passed by Shri R.K.Rawatkar, ASJ, Pawai, District Panna that the trial court dismissed the application without mentioning any fact of the case.
Digitally signed by VARSHA DUBEY Date: 24/12/2018 02:21:262 MCRC-48526-2018 The Court adopted the shortcut procedure, which is not proper. Atleast some facts of the case should be mentioned in the order. Order shows that the trial court has not applied his mind in the case diary or the case file. The trial court did not mention any fact or the evidence collected. Therefore, the attention is invited towards the aforesaid mistakes and it is expected that such type of mistakes shall not be repeated in future.
In this case, as per prosecution story on 4.5.2018 at about 7:00 p.m. the complainant was going by motorcycle with Natthu Singh and Saurabh Singh. When they were standing in Bus Stand Simarkala, near the Panchayat Chabutra and were taking Gutka, both accused Preetam and Dinesh reached there. There was some dispute regarding the transaction of money. Both accused abused the complainant. When the complainant stopped them then accused Preetam attacked by the help of axe on the head of complainant. When his brother Laxman Singh tried to intervene then Dinesh caused injury to Laxman by the help of axe. Both injured persons were medically examined.
As per the medical report of Laxman Singh, only one lacerated wound of 6x2 x1 cm has been found upon left parietal bone of the head and the doctor opined that the injury is simple in nature caused by hard and blunt object. As per medical report of complainant, 2 lacerated wounds were found; one is upon forehead in the size of 6 x 3 x 2 cm upon right portion of forehead and the second lacerated wound is found upon the left lower lip size 2 x 1 x 1/2 cm. The doctor advised for CT Scan of the head. As per CT Scan report, the fracture has been found in right frontal bone and right zygomatico complex. In the report of CT Scan dated 5.5.2018 the doctor reported Digitally signed by VARSHA DUBEY Date: 24/12/2018 02:21:26 3 MCRC-48526-2018 that:-
"Multiple right zygomatico-maxillary and orbital fractures as described with soft tissue swelling and air pockets with hemo-sinus.
No post traumatic intracranial pathology is seen."
It is also argued by the counsel that the cross-case has also been registered. Crime No.129/2018 has been registered upon the report lodged by Dinesh. Police registered the offence under sections 294, 323, 324 and 506/34 of IPC. As per the cross-report when the complainant Dinesh was sitting in his shop situated at Bas Stand Simarkala at about 7:00 p.m, Bhanu Raja, Laxman Raja and Chhange Raja reached there and abused him. When he tried to stop them abusing then Bhanu Raja assaulted him by Sabbal and caused injury on his head. Chhange Raja also assaulted by lathi in the back of the complainant. When Preetam Patel, father of the complainant, tried to intervene then Laxman Raja caused injury to him by stick.
In this case, as per medical report, Dinesh sustained one lacerated wound upon his frontal bone of the head. As per opinion of doctor, the injury may be caused by hard and blunt object. Preetam Singh sustained 2 injuries one is abrasion 2 x 2 cm and one is dislocation in left incised tooth. Both injuries were reported to be simple in nature. Bhagirath sustained only two abrasions, which are simple in nature. No any injury has been found upon the person of Vimlesh. Anita Patel sustained only one injury which is abrasion and simple in nature. Rajrani sustained 2 abrasions simple in nature.
Therefore, it appears that the injuries caused to the accused party are simple in nature while on the other side the grievous injury Digitally signed by VARSHA DUBEY Date: 24/12/2018 02:21:26 4 MCRC-48526-2018 has been found upon the head of complainant Chhange Raja and the injury was sufficient to cause death. B u t the aforesaid injury sustained by Chhange Raja has been caused by applicant Preetam. Present applicant Dinesh Kumar caused simple injury to Laxman.
Therefore, looking to all circumstances of the case, the application of applicant Dinesh Kumar is allowed. It is directed that the he shall be released on bail upon his furnishing a bail bond worth Rs.30,000/- (Rupees Thirty Thousand only) with a personal bond of the like amount to the satisfaction of the trial Court. It is also directed that applicant Dinesh Kumar shall abide by the conditions as enumerated under section 437 (3) of CrPC.
Accordingly, M.Cr.C.No.42572/208 stands allowed. Certified copy as per rules.
(B. K. SHRIVASTAVA) JUDGE VD Digitally signed by VARSHA DUBEY Date: 24/12/2018 02:21:26