IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 6485 of 2012 RAKESH YADAV Versus STATE OF M.P -------------------------------------------------------------------------------------------------------------

Appearance:

Shri Vineet Saxena – Advocate for petitioner.

Shri Sanjay Singh Kushwaha – Government Advocate for the State.

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Reserved on : 29.01.2026 Delivered on : 03.02.2026 -------------------------------------------------------------------------------------------------

ORDER

1. With the consent of the parties, the matter is finally heard.

2. The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner assailing the judgment dated 29.08.2012 (Annexure P/1) passed by the learned Sessions Judge, Bhind (M.P.) in Criminal Appeal No.136/2012, whereby the appeal preferred by the petitioner was partly allowed by setting aside his conviction under Section 279 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”), however, the conviction of the petitioner under Section 338 of IPC and the