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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANIL VERMA
Nishant @ Bunty Tyagi – Appellant
Versus
State of Madhya Pradesh – Respondent
1. The petitioner has preferred this Misc. petition under Section 482 of Code of Criminal Procedure (in short as 'Cr.P.C.') for quashment of the order dated 04.11.2024 passed by Judicial Magistrate, I Class, Mehgaon District Bhind in R.C.T No.167 of 2023 whereby, the closure report filed by the respondent no.2 has been rejected and the cognizance of offences under Sections 302 , 307, 294, 147, 148, 149 read with Section 120-B of I.P.C and under Section 25 /27 of the ARMS ACT was taken against the petitioner.
1A. As per order for nomination of Bench passed by Hon'ble the Chief Justice, it has been directed that this court will also hear the Cr. Revision No.6219 of 2024 along with connected three M.C.R.Cs.Therefore, this M.Cr.C. is being heard and decided by this Court.
2. Briefly stated facts of the case are that, respondent No.3/complainant Manoj Nalishi at PS Mehgaon stating that on account of previous enmity, accused persons namely: Narendra Tyagi, Prem Sagar, Vivek Tyagi, Saurabh, Pramod, Jitendra, Gaurav, Anil, Shiv Sagar, Prashant, Vikas, Ramanand, Anoop, Rahul Tyagi, Rahul Rajawat, Vishal Tyagi and Surya Narayan armed with guns and sticks came near Panchayat Bhawan on 15
The court emphasized that a plea of alibi may be raised at any stage, including during investigation, and must be substantiated by credible evidence for the trial court's consideration.
The main legal point established in the judgment is the significance of electronic evidence in proving the alibi of the accused and the importance of considering the material on record and the invest....
The Magistrate's discretion to take cognizance is not bound by the investigating officer's opinion, and the plea of alibi must be proven at trial, not at the cognizance stage.
The burden of proof for a plea of alibi lies on the accused, and it is a question of fact required to be proved during the trial.
(1) Summoning of additional accused to face trial – Only when strong and cogent evidence occurs against a person from evidence power under Section 319 Cr.P.C. should be exercised – Test to be applied....
Point of Law : Since such a direction takes away the power of the sanctioning authority to take an independent position after applying, its mind upon the material and evidence collected as to whether....
The recorded statement under Section 164 Cr.P.C. carries greater evidential weight than one under Section 161, and a Magistrate can lawfully accept a closure report when supported by credible evidenc....
The judgment established the need for strong and cogent evidence before summoning an accused under Section 319 of Cr.P.C. and emphasized the discretionary nature of the power, citing relevant case la....
Cognizance of offence – Where magistrate had played active role by considering as to whether cognizance against persons who have not been charge-sheeted by police can be taken or not, then Sessions C....
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