IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10311 of 2022 (ARUN KUMAR DWIVEDI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 02-05-2023 Shri Sanjay Agrawal - Senior Advocate with Ms Neerja Agrawal -

Advocate for appellant No.1.

Shri L.A.S. Baghel - Government Advocate for the respondent-State.

I.A.No.6875/2023 has been moved on behalf of appellant No.1 praying therein that sentence awarded to the appellant vide judgment dated 02.11.2022 although suspended by this Court but conviction and sentence is required to be stayed for the reasons mentioned in the application.

Learned senior counsel for the appellant submits that the offence was registered on 01.09.2003 in regard to the incident happened on 02.09.2002 that one dead body which came for postmortem had been taken away by some persons forcibly and in the said incident crime was registered as Crime No.95/2002 under Section 380 of IPC. When Head Constable Shri Ugrasen Shukla had gone for conducting investigation then mob restrained him from doing so and created hurdle in his official discharge of duties and on his report Crime No.96/2022 was registered under Sections 147, 341, 353, 294 of IPC. He had also gone with the p