Raju Vs. the State of Madhya Pradesh

Raju vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Oct 08, 2012

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https://sooperkanoon.com/case/1048622

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Citation: sooperkanoon.com/1048622
Court: Madhya Pradesh High Court
Decided On: Oct 08, 2012
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Raju

Advocate Shri. Shashank Upadhyaya

Respondent

The State of Madhya Pradesh

Advocate Shri. Navneet Dubey

Excerpt

.....that the petitioner had filed a revision against the aforesaid order before the sessions judge, panna which has been dismissed by order dated 23-1-2012 against which the petitioner had filed an application under section 482 of the code of criminal procedure before this court which has also been dismissed by order dated 16-5-2012. however, it is stated that as the petitioner had been given liberty to take appropriate action in accordance with law, therefore, the petitioner has filed the present petition assailing the order dated 17-8-2011 passed by the s.d.o., ajaygarh. i have heard the learned counsel for the parties and perused the record of the case. looking to the facts stated by the petitioner in the petition that the order passed by the s.d.o.has been affirmed by the sessions judge, panna by order dated 23-1-2012 and the order passed by the sessions judge, panna has been affirmed by this court by order dated 16-5-2012 passed in misc. criminal case no.1340/2012 (annexure p-7).therefore, i find no reason to entertain the present petition specifically in view of the fact that the impugned order has been affirmed by this court in the proceedings under section 482 of the code of criminal procedure and no petition under articles 226/227 of the constitution of india is maintainable against the order dismissing the application under section 482 of the code of criminal by the high court itself. in the circumstances, the petition filed by the petitioner being misconceived and not maintainable is accordingly dismissed. (r.s.jha) judge mct

Full Judgment

W.P.No.8323 / 2012 (Raju ..Vs..State of MP & otheRs.08-10-2012 Shri Shashank Upadhyaya, learned counsel for the petitioner.

Shri B.P.Pandey, learned Dy.

G.A.for the State/respondents.

Shri Navneet Dubey, learned counsel for the respondent No.5.

Heard on the question of admission.

The petitioner has filed this petition being aggrieved by the order dated 17-8-2011 passed by the S.D.O., Ajaygarh, District Panna under Section 145 of the Code of Criminal Procedure.

The petitioner has himself stated in the petition that the petitioner had filed a revision against the aforesaid order before the Sessions Judge, Panna which has been dismissed by order dated 23-1-2012 against which the petitioner had filed an application under Section 482 of the Code of Criminal Procedure before this Court which has also been dismissed by order dated 16-5-2012.

However, it is stated that as the petitioner had been given liberty to take appropriate action in accordance with law, therefore, the petitioner has filed the present petition assailing the order dated 17-8-2011 passed by the S.D.O., Ajaygarh.

I have heard the learned counsel for the parties and perused the record of the case.

Looking to the facts stated by the petitioner in the petition that the order passed by the S.D.O.has been affirmed by the Sessions Judge, Panna by order dated 23-1-2012 and the order passed by the Sessions Judge, Panna has been affirmed by this Court by order dated 16-5-2012 passed in Misc.

Criminal Case No.1340/2012 (Annexure P-7).therefore, I find no reason to entertain the present petition specifically in view of the fact that the impugned order has been affirmed by this Court in the proceedings under Section 482 of the Code of Criminal Procedure and no petition under Articles 226/227 of the Constitution of India is maintainable against the order dismissing the application under Section 482 of the Code of Criminal by the High Court itself.

In the circumstances, the petition filed by the petitioner being misconceived and not maintainable is accordingly dismissed.

(R.S.Jha) Judge mct

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