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Balvant Singh Vs. the State of Madhya Pradesh

Balvant Singh vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Feb 26, 2013
~1 min read
https://sooperkanoon.com/case/1041447

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Citation
Court
Madhya Pradesh High Court
Decided On
Subject
Education

Case Summary

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

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Balvant Singh

Respondent

The State of Madhya Pradesh

Excerpt

1 m.cr.c no.1929/2006 26/2/2013 none for the petitioner. none for respondent no.1. smt. pratibha mishra, panel lawyer for the respondent / state. on earlier dates that is on 18.1.2011 and 24.2.2011 none appeared on behalf of the parties and stayed was vacated. in view of the aforesaid, it appears that both the parties have lost their interest to prosecute the case. the present petition has been preferred for quashment of criminal proceedings pending before the jmfc, jabalpur in criminal complaint case no.687/05 under sections 341, 294 and 506 of ipc and under section 3-5 of explosive substance act 1908. quashment of proceeding has been sought mainly on the ground that the case of explosive substance is initiated only after obtaining due sanction required under section 7 of explosive substance act, 1908. for want of aforesaid sanction, prosecution has been vitiated and deserves to be quashed. in view of the aforesaid, petition is dismissed 2 m.cr.c no.1929/2006 for want of prosecution, but with liberty that the point of sanction will be raised by the petitioner in trial court at the earliest. petition stands dismissed. (tarun kumar kaushal) judge dcs/-

Full Judgment

1 M.Cr.C No.1929/2006 26/2/2013 None for the petitioner.

None for respondent No.1.

Smt.

Pratibha Mishra, Panel Lawyer for the respondent / State.

On earlier dates that is on 18.1.2011 and 24.2.2011 none appeared on behalf of the parties and stayed was vacated.

In view of the aforesaid, it appears that both the parties have lost their interest to prosecute the case.

The present petition has been preferred for quashment of criminal proceedings pending before the JMFC, Jabalpur in Criminal Complaint case No.687/05 under Sections 341, 294 and 506 of IPC and under Section 3-5 of Explosive Substance Act 1908.

Quashment of proceeding has been sought mainly on the ground that the case of Explosive Substance is initiated only after obtaining due sanction required under Section 7 of Explosive Substance Act, 1908.

For want of aforesaid sanction, prosecution has been vitiated and deserves to be quashed.

In view of the aforesaid, petition is dismissed 2 M.Cr.C No.1929/2006 for want of prosecution, but with liberty that the point of sanction will be raised by the petitioner in trial Court at the earliest.

Petition stands dismissed.

(Tarun Kumar Kaushal) JUDGE dcs/-

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