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2014 Supreme(MP) 290

S.R.WAGHMARE
Abdul Raseed – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sitaram Madrosiya for applicants; C.R. Karnik, Government Advocate for respondent/State.

ORDER

Smt. Waghmare, J. 1. This petition under section 482 of the CrPC has been filed by the petitioners challenging the order dated 29.1.2014 passed by the Sessions Judge, Ujjain in Criminal Appeal No.33/2013 setting aside the order of the trial Court and remanded the matter for framing of charges afresh.

2. Briefly stated; the prosecution case is that on 15.6.2010 complainant Rukhsar s/o Mohd. Haneef resident of Ujjain filed a report before the police station that there was a dispute between the accused persons and her mother Afsaribi regarding the house. The accused persons Raseed s/o Babu Khan and Iliyas S/o Raheez Khan hurled abuses and assaulted her mother and pelted stones by Iliyas and due to which she received head injury. The report was filed. Crime was registered bearing No.213/2010 for offence under sections 323, 294, 506-B and 34 of the IPC. The prosecution was set in motion. The injured persons were sent to the medication examination. Injured Afsaribi subjected to X-ray and fracture being discovered the offence was enhanced to one under section 325 of the IPC. After investigation the accused were arrested and duly committed to their trial. The accused persons abjured th






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