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2025 Supreme(Online)(MP) 8081

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SHRI GAJENDRA SINGH, J
VIVEK @VICKY – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent


Advocates:
For the Appellants/Petitioners: Shri Subodh Choudhary
For the Respondents: Shri Rajendra Singh Suryavanshi

ORDER

This Criminal Revision under Section 438 of the BNSS, 2023 is preferred challenging the legality of framing of charges of Head No.2 and 4 i.e. under Section 109(1) and 351(3) of the BNSS, 2023 vide order dated 21.08.2025 passed in S.T.No.34/2025 arising out of Crime No.232/2025 registered at Police Station Nagda, District Ujjain.

2. The charges have been framed regarding incident dated 22.05.2025 at 01:45 am occurred in front of Police Station Nagda, near Shiv Mandir, Nagda, Ujjain in which Rahul sustained injury by knife.

3. The trial Court framed the charges under Section 296, 109(1), 115(2) and 315(3) of the BNS , 2023 and this revision petition has been preferred challenging the charges i.e. Head No.2 and 4 only on the ground that vide report dated 11.06.2025 (Annexure-P/1) Dr. Ajay Kabra, the doctor of Indubhai Parekh Memorial Hospital, Birlagram, Nagda has opined that sharp incised wounds found at left arm size 7 x 2 cm. was neither a deep wound nor dangerous to life and second wound was also sharp incised wound and without treatment no chance of death. The wounds were not on vital part of the body.

4. It is further argued that it is a clear case of misuse of law as well

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