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2016 Supreme(MP) 676

G.S.AHLUWALIA
Ajay Khemariya – Appellant
Versus
State of M. P. – Respondent


Advocates:
S.K. Sharma for appellant;
Ms. Sudha Shrivastava, Panel Lawyer for respondent No.1/State.

JUDGMENT

1. The applicants have filed this petition under section 482 of Criminal Procedure Code challenging the order dated 30.11.2015 passed by Additional Sessions Judge/Special Judge, Shivpuri in Criminal Revision No.136/2015 arising out of order dated 21.5.2015 passed by JMFC, Shivpuri in Criminal Case No.718/2013.

2. The facts of the case necessary for the disposal of the application are that on 9.2.2013 at about 12:30 p.m., the complainant Kamaljeet Singh Gill lodged a FIR alleging that he is carrying on the business of property in Priyadarshini Colony. The applicant Ajay Khemaria has an adjacent plot. On the said plot, the applicant is constructing a house. Today, at about 11:30 in the afternoon, when the complainant Kamaljeet Singh Gill came out of his house for going to the market, at that time, the applicant Ajay Khemaria along with co-accused Gabbar Singh, Rinku Jain and others came there and due to previous enmity with regard to an old plot which is adjoining to the plot of applicant No.1 Ajay Khemaria, all started assaulting the complainant by fists and blows. The applicant No.1 Ajay Khemaria gave a knife blow on the left hand as a result of which he sustained injury. Ga























































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