High CourtsSingle Bench

Mohammad Sahil vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 23 April 2026 · Citation: (2026) 04 MP CK 1295

HON’BLE JUDGES
B. P. Sharma, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226 · Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 109, 115(2), 119(1), 296(b), 351(3)
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 14455 Of 2026
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Judgment

10 paragraphs · 265 words

B. P. Sharma, J

1.

This petition under Section 226 of the Constitution of India is filed seeking the following reliefs:-

"( i)- Direct the respondents to add appropriate sections of BNS including Section 109 BNS in FIR Crime No. 245/2026.

(ii)- Direct for fair, impartial and proper investigation.

(iii)- Direct the respondents to consider and decide the petitioner's representation dated 07.04.2026 (Annexure P/4) within a stipulated time.

(iv)- Pass any such other order(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2.

Learned counsel for the petitioner submits that the accused person assaulted the petitioner and his father during marriage function causing serious head injuries. In this regard, he has submitted coloured photograph in which serious injury is clearly visible caused by sharp object but the police authorities has registered FIR bearing Crime No.245/2026 under Sections 296 (b), 115(2), 119(1), 351(3), 3(5) of BNS. Learned counsel for the petitioner submits that he has filed a representation before respondent No.2 for adding Section 109 of BNS in the FIR against the respondents. In this regard, representation Annexure P/4 was placed before the respondent No.2 however, no action was taken.

3.

It is submitted by the counsel for the State that the charge sheet has already been filed before the trial Court and the matter is pending for consideration.

4.

Taking into consideration the nature of offence, weapon used and injuries sustained, trial Court is directed to consider the aforesaid fact at the time of framing of charges.

5.

With this direction, the writ petition is disposed off.