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2022 Supreme(Online)(MP) 3028

HIGH COURT OF MADHYA PRADESH
D – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Yash Pal Rathore,Advocate General

    ORDER

    The appellant has filed the present criminal appeal under Section 341 of

Cr.P.C. being aggrieved by the order dated 11.07.2022 passed in sT No.10/2021 by First ASJ, Jaora, District Ratlam whereby the learned ASJ has directed to initiate proceedings against the appellant to prosecute the appellant (prosecutrix) for giving false evidence and for instituting false criminal proceedings to a public servant.

    Facts of the case in brief are that on a report of the prosecutrix, Police

Station Ringnod has registered Crime No.209/2020 on 09.09.2020 against the accused Vasudev for the offence punishable under Section 341, 354, 323, 294 and 506(II) and 509 alongwith Section 376 of IPC. Thereafter, the statements under Section 164 of Cr.P.C. was recorded vide Ex.P/8 by the JMFC on 10.09.2020. Thereafter, the learned trial Court after considering the statements of the witnesses acquitted the accused.

    Counsel for the appellant submits that the statement made under Section

164 of Cr.P.C. is not regarded as substantive piece of evidence. It is further submitted that merely on the fact that deposition of applicant is contradictory to her statement under Section 164 of Cr.P.C is not sufficient to hol

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