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2024 Supreme(Online)(MP) 27540

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VIJAY KUMAR SHUKLA, J
Bhagwan – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Ghan Shyam Yadav,Advocate General

ORDER

The present revision is filed u/Ss.397, 401 of Cr.P.C being aggrieved by the order dated 7.3.2024 passed by I Addl. Sessions Judge, Mandleshwar in ST No.102/2015 whereby the court has framed the charge u/S.419 of IPC in exercise of the powers u/S.216 Cr.P.C.

2. Upon perusal of the impugned order and the allegations as per the prosecution case, it is alleged that one co-accused Dwarika impersonated himself as Punamchand and sold the property to one Bhagwan. The allegation against the present applicants are that they are witnesses to the said document.

3. Counsel for applicants submits that there is no allegation of cheating by impersonation so far the present applicants are concerned. The allegation was against co-accused Dwarika who is said to have died during the pendency of the trial.

4. Counsel for State supports the impugned order.

5. After hearing learned counsel for parties, it is apposite to refer the provisions of Secs.416 and 419 of IPC as under:-

    "416. Cheating by personation.--- A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other pers

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