Devendra Singh Vs. the State of Madhya Pradesh

Devendra Singh vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Nov 21, 2012

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https://sooperkanoon.com/case/1038663

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Citation: sooperkanoon.com/1038663
Court: Madhya Pradesh High Court
Decided On: Nov 21, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Devendra Singh

Advocate Shri. S.P.Tripathi

Respondent

The State of Madhya Pradesh

Excerpt

.....from the array of the accused from the charge sheet filed in sessions case no.209/11. it is stated by the the petitioner in the petition that he had previously filed a petition before this court under section 482 of the cr.p.c.for the same relief which was registered as m.cr.c.no.9750/12. the aforesaid petition was ultimately withdrawn and disposed of by this court on 06.08.2012 in the following terms:- “shri atul choudhary, advocate for the petitioner. shri rahul jain, g.a.for the respondent no.1-state. none for the respondent no.2. as prayed for, the petition, under section 482 of the code of criminal procedure, stands dismissed as withdrawn with liberty to raise all the contentions, as incorporated therein and other pleas available in law, before the trial court. as an obvious consequence, the interim stay order dated 23.09.2011 is hereby vacated.” the petitioner after withdrawing the aforesaid petition under section 482 of the cr.p.c.with liberty to raise all contentions before the trial court has not filed this writ petition under article 226 of the constitution of india praying for the same relief. apparently, once the petitioner having taken up similar issues under section 482 cr.p.c.and having withdrawn the same with liberty to raise all pleas before the trial court, cannot be permitted to file a second petition praying for the same relief. the act of the petitioner in doing so amounts to abuse and misuse of the process of law. accordingly, the petition filed by the petitioner is dismissed as not maintainable with cost of rs.1000/- which shall be deposited with the high court legal service authority. (r.s.jha) judge msp

Full Judgment

W.P.No.19413/2012 (Devendra Singh versus State of MP and otheRs.21.11.2012 Heard Shri S.P.Tripathi, learned counsel for the petitioner on the question of admission and interim relief.

The petitioner has filed this petition praying for quashing of the F.I.R.registered at Police Station Civil Lines, Rewa vide Crime No.293/10 and for a further direction to delete the name of the petitioner from the array of the accused from the charge sheet filed in Sessions Case No.209/11.

It is stated by the the petitioner in the petition that he had previously filed a petition before this court under section 482 of the Cr.P.C.for the same relief which was registered as M.Cr.C.No.9750/12.

The aforesaid petition was ultimately withdrawn and disposed of by this court on 06.08.2012 in the following terms:- “Shri Atul Choudhary, Advocate for the petitioner.

Shri RAhul Jain, G.A.for the respondent No.1-State.

None for the respondent No.2.

As prayed for, the petition, under Section 482 of the Code of Criminal Procedure, stands dismissed as withdrawn with liberty to raise all the contentions, as incorporated therein and other pleas available in law, before the trial court.

As an obvious consequence, the interim stay order dated 23.09.2011 is hereby vacated.”

The petitioner after withdrawing the aforesaid petition under section 482 of the Cr.P.C.with liberty to raise all contentions before the trial court has not filed this writ petition under Article 226 of the Constitution of India praying for the same relief.

Apparently, once the petitioner having taken up similar issues under section 482 Cr.P.C.and having withdrawn the same with liberty to raise all pleas before the trial court, cannot be permitted to file a second petition praying for the same relief.

The act of the petitioner in doing so amounts to abuse and misuse of the process of law.

Accordingly, the petition filed by the petitioner is dismissed as not maintainable with cost of Rs.1000/- which shall be deposited with the High Court Legal Service Authority.

(R.S.Jha) Judge msp

Same Court & Year Madhya Pradesh · 2012 Same Parties Devendra Singh vs The State of Madhya Pradesh Same Subject Education