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High Court Of ChhattisgarhCRR/573/2018dismissed

Pradeep Kumar Kesari v. State Of Chhattisgarh

2018-07-17Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.573 of 2018 Pradeep Kumar Kesari, S/o Late Gopal Prasad Kesari, aged about 42 years, R/o Ward No.15, Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh ---- Applicant versus

1. State of Chhattisgarh through Police Station Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh

2. Pankaj Kesari, S/o Late Gopal Prasad Kesari, aged about 36 years, R/o Ward No.15, Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh --- Respondents ------------------------------------------------------------------------------------------------------ For Applicant :

Shri A.V. Shridhar, Advocate For Respondent No.1/State :

Shri U.K.S. Chandel, Panel Lawyer For Respondent No.2 :

None ------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Arvind Singh Chandel Order on Board 17.7.2018 1.

Heard on admission. Perused the material available with due care. 2.

This revision has been preferred against the order dated 27.3.2018 passed by the Additional Sessions Judge, Ramanujganj, Civil District Balrampur - Ramanujganj in Sessions Trial No.R-88 of 2018 framing charges against the Applicant/accused under Sections 294, 506 Part II and 307 of the Indian Penal Code. 3.

From perusal of the material available, it reveals that there is a named FIR against the Applicant/accused in which it is mentioned that the Applicant, abusing the Complainant and threatening him of life, assaulted him on his head 2-3 times by a baseball stick. A query was also made from the doctor, in reply to which, the doctor

has categorically opined that the Complainant could die as a result of the injury inflicted to him. Therefore, there is sufficient evidence available on the basis of which, prima facie, charges under Sections 294, 506 Part II and 307 of the Indian Penal Code are made out against the Applicant/accused. I find that the Trial Court has rightly framed the charges.

4.

The revision has no merit. It is, therefore, dismissed. Sd/- (Arvind Singh Chandel) JUDGE Gopal