Jaipal Singh Patiyal Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1044586
CourtMadhya Pradesh High Court
Decided OnFeb-06-2013
AppellantJaipal Singh Patiyal
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.1422/2013 6.2.2013 shri l.c.chourasiya, counsel for the petitioner. smt. pratibha mishra, pl for the state. arguments heard. the petitioner has filed this petition under section 482 of the code of criminal procedure for giving one more opportunity for appearance before the trial court under section 82 of the code of criminal procedure in the interest of justice. the trial court has initiated the proceeding under section 82 of the cr.p.c.for attachment of petitioner's immovable property as he has not appeared before the trial court. he could not be arrested in execution of the arrest warrant. still after publication of proclamation, petitioner has not appeared before the trial court. there is no requirement for giving any opportunity to the petitioner for appearance before the trial court. the petitioner may appear before the trial court and pray for dropping the proceedings under section 82 of cr.p.c.by mentioning sufficient reasons. looking to over all facts and circumstances, petitioner will not deserve any relief under section 482 of cr.p.c., therefore the petition is dismissed. (a.k.sharma) judge ravi
Judgment:

M.Cr.C.No.1422/2013 6.2.2013 Shri L.C.Chourasiya, counsel for the petitioner.

Smt.

Pratibha Mishra, PL for the State.

Arguments heard.

The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for giving one more opportunity for appearance before the trial Court under Section 82 of the Code of Criminal Procedure in the interest of justice.

The trial Court has initiated the proceeding under Section 82 of the Cr.P.C.for attachment of petitioner's immovable property as he has not appeared before the trial Court.

He could not be arrested in execution of the arrest warrant.

Still after publication of proclamation, petitioner has not appeared before the trial Court.

There is no requirement for giving any opportunity to the petitioner for appearance before the trial Court.

The petitioner may appear before the trial Court and pray for dropping the proceedings under Section 82 of Cr.P.C.by mentioning sufficient reasons.

Looking to over all facts and circumstances, petitioner will not deserve any relief under Section 482 of Cr.P.C., therefore the petition is dismissed.

(A.K.Sharma) JUDGE ravi