R.K. Dubey Vs. M/S Tridev Duplex Boards Limited - Court Judgment

SooperKanoon Citationsooperkanoon.com/1045660
CourtMadhya Pradesh High Court
Decided OnMar-18-2013
AppellantR.K. Dubey
RespondentM/S Tridev Duplex Boards Limited
Excerpt:
mcr.c.no.1407 o”18. 03.13 shri abhijeet thakur, counsel for the applicant. shri sanjeev tuli, counsel for the respondent. the applicant/ accused has filed this petition under section 482 of the cr.p.c being aggrieved by the order dated 17.9.2012 passed by the jmfc, bhopal in criminal case no.7578/12 whereby in a private complaint filed by the respondent, cognizance of the offence of section 403 and 406 of the ipc was taken against him. at the outset, respondent's counsel submits that he has already filed the application on behalf of the respondent before the trial court to withdraw the impugned complaint and, in such premises, respondent does not want to prosecute such complaint further and prayed to dismiss this petition without considering merits of the matter. in view of the aforesaid submission of the respondent's counsel, i am not inclined to pass any order on merits of the petition. consequently, subject to verification of the aforesaid submission of the respondent's counsel, this petition is disposed of by extending the liberty to the applicant to file the appropriate application or petition to restore this petition if on verification the aforesaid submission of the respondent counsel is not found correct. apart the aforesaid, at the time of considering the aforesaid application of the respondent for withdrawal of the complaint, the applicant shall be at liberty to raise his objection including the objections relating to section 357 of the cr.p.c, and the trial court is directed to decide such objection after extending ample opportunity of hearing to both the parties. the petition is disposed of as indicated above. (u.c.maheshwari) judge mkl
Judgment:

Mcr.C.No.1407 o”

18. 03.13 Shri Abhijeet Thakur, counsel for the applicant.

Shri Sanjeev Tuli, counsel for the respondent.

The Applicant/ accused has filed this petition under section 482 of the Cr.P.C being aggrieved by the order dated 17.9.2012 passed by the JMFC, Bhopal in criminal case No.7578/12 whereby in a private complaint filed by the respondent, cognizance of the offence of section 403 and 406 of the IPC was taken against him.

At the outset, respondent's counsel submits that he has already filed the application on behalf of the respondent before the trial court to withdraw the impugned complaint and, in such premises, respondent does not want to prosecute such complaint further and prayed to dismiss this petition without considering merits of the matter.

In view of the aforesaid submission of the respondent's counsel, I am not inclined to pass any order on merits of the petition.

Consequently, subject to verification of the aforesaid submission of the respondent's counsel, this petition is disposed of by extending the liberty to the applicant to file the appropriate application or petition to restore this petition if on verification the aforesaid submission of the respondent counsel is not found correct.

Apart the aforesaid, at the time of considering the aforesaid application of the respondent for withdrawal of the complaint, the applicant shall be at liberty to raise his objection including the objections relating to section 357 of the Cr.P.C, and the trial court is directed to decide such objection after extending ample opportunity of hearing to both the parties.

The petition is disposed of as indicated above.

(U.C.Maheshwari) Judge MKL