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2019 Supreme(MP) 359

VIVEK AGARWAL
Rahul Jha – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
Nirmal Sharma for petitioner; Vinay Kumar, Panel Lawyer for respondent/State.

ORDER

1. This petition under section 482 of CrPC has been filed challenging the order date 28.8.2019 passed by the 9th Additional Sessions Judge Gwalior rejecting an application under section 311 of CrPC filed by the complainant, present petitioner.

2. Brief facts leading to the present petition are that the complainant Rahul Jha had lodged a FIR at Police Station Bijoli, Gwalior registering Crime No.218/2014 on 23.9.2014 under sections 336, 323, 294, 506, 34 of IPC mentioning therein that on 23.9.2014 an incident took place at about 6.30 at village Supavali when complainant was in his field, then accused persons Surendra Laharia and Narendra Laharia reached his field and Surendra Laharia with a view to obstruct his father from cultivating the field, fired a gun shot in the air, as a result of which complainant started running and had fallen down on earth causing injury on his shoulder when Narendra Laharia exhorted to catch hold of him and abused.

3. It is his contention that prosecution has examined Dr.Manish Singh as PW1 and Dr. O.P.S.Chouhan as PW2 and they have not supported his version that he had sustained gun shot injuries. These witnesses were examined on 12.10.2017 and 21.

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