Vardhaman JaIn Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1047174
CourtMadhya Pradesh High Court
Decided OnMar-26-2013
AppellantVardhaman Jain
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.5407 o”26. 03.13 shri greeshm jain, counsel for the applicants. shri vivek lakhera, pl for respondent/state. shri mahendra pateria, counsel for the complainant smt pooja jain. in compliance of order dated 22.3.2013, this case is placed before me for consideration of ia no.793/13, an application on behalf of complainant for vacating the ex-parte stay granted earlier as well as for final disposal of the petition at motion stage. in the cours.of the arguments for final disposal, applicant's counsel by referring ia no.7025/13 said that on 21.3.13, he has filed this application for amendment in the petition. the same is found with the record. with the consent of the parties, such ia is heard. on consideration, for the reasons stated in it, the same is allowed and the applicant's counsel is directed to incorporate the proposed amendment during the cours.of the day. with permission of the court, the same is carried. accordingly, it is certified. in further arguments, in the light of the earleir decision of this court in the matter of praveen choubey and others versus state of m.p and another- ilr 201.mp -3214 applicant's counsel has made some arguments and pursuant to that prayed that besides the impugned fir registered at the instance of the complainant smt pooja jain against the applicant, a report in writing given by the present applicant to the sho of police station kotwali, damoh for registration of the offence and taking appropriate steps against the complainant smt pooja jain and her parents is still pending for consideration or inquiry at such police station and said that subject to appropriate direction to such police station to take appropriate steps on the aforesaid report of the applicant in accordance with the prescribed procedure within some time bound schedule, this petition be disposed of as withdrawn and not pressed by extending the liberty to the applicant to raise all the objection and grounds stated in the petition at appropriate stage of the trial of impugned crime number 649/11 registered at p.s kotwali, damoh in defense of the applicant. in response of the aforesaid arguments shri mahendra pateria, learned counsel of the complainant smt pooja jain submits that he did not have any objection in disposing of this petition by extending the liberty to the applicant to raise all the objections and grounds stated in the petition at appropriate stage of the trial of the impugned crime number but he submits that the further prayer for appropriate direction to the police to take steps on the report of the applicant could not be considered in the present matter. such direction could be given by this court only on filing the separate application on behalf of the applicant. in continuation, he said that however if any direction is given by this court in this regard then in that circumstance the interest of the present complainant be protected by some appropriate order. on consideration, by allowing the prayer of the applicant's counsel, this petition is disposed of as withdrawn and not pressed by extending the liberty to raise all the objections and grounds stated in this petition at appropriate stage of the trial of crime no.649/11 registered at the instance of the complainant smt pooja jain. however, considering the oral prayer of the applicant's counsel for taking appropriate steps on the aforesaid report of the applicant annex.p/3, in the available circumstances, the sho of police station kotwali, damoh as well as its authorities are directed to inquire separately about the facts of the report of the applicant stated in annex.p/3 and proceed in the matter in accordance with the procedure prescribed under the law if till today no inquiry in this regard was carried out or no steps were taken for the same. however, it is expected from such authority that such inquiry shall be carried out by such authority within sixty days from the date of submitting the certified copy of this order along with copy of this petition and ia no.7025/13 on behalf of the applicant before such police authority. pursuant to it, the interim order passed earlier for grant of stay against the further trial of the impugned criminal case has come to an end. the petition is disposed of as withdrawn and not pressed with aforesaid direction and liberty. c.c as per rules. (u.c.maheshwari) judge mkl
Judgment:

M.Cr.C.No.5407 o”

26. 03.13 Shri Greeshm Jain, counsel for the applicants.

Shri Vivek Lakhera, PL for respondent/State.

Shri Mahendra Pateria, counsel for the complainant Smt Pooja Jain.

In compliance of order dated 22.3.2013, this case is placed before me for consideration of IA No.793/13, an application on behalf of complainant for vacating the ex-parte stay granted earlier as well as for final disposal of the petition at motion stage.

In the couRs.of the arguments for final disposal, applicant's counsel by referring IA No.7025/13 said that on 21.3.13, he has filed this application for amendment in the petition.

The same is found with the record.

With the consent of the parties, such IA is heard.

On consideration, for the reasons stated in it, the same is allowed and the applicant's counsel is directed to incorporate the proposed amendment during the couRs.of the day.

With permission of the court, the same is carried.

Accordingly, it is certified.

In further arguments, in the light of the earleir decision of this court in the matter of Praveen Choubey and others versus State of M.P and another- ILR 201.MP -3214 applicant's counsel has made some arguments and pursuant to that prayed that besides the impugned FIR registered at the instance of the complainant Smt Pooja Jain against the applicant, a report in writing given by the present applicant to the SHO of Police Station Kotwali, Damoh for registration of the offence and taking appropriate steps against the complainant Smt Pooja Jain and her parents is still pending for consideration or inquiry at such police station and said that subject to appropriate direction to such police station to take appropriate steps on the aforesaid report of the applicant in accordance with the prescribed procedure within some time bound schedule, this petition be disposed of as withdrawn and not pressed by extending the liberty to the applicant to raise all the objection and grounds stated in the petition at appropriate stage of the trial of impugned crime number 649/11 registered at P.S Kotwali, Damoh in defense of the applicant.

In response of the aforesaid arguments Shri Mahendra Pateria, learned counsel of the complainant Smt Pooja Jain submits that he did not have any objection in disposing of this petition by extending the liberty to the applicant to raise all the objections and grounds stated in the petition at appropriate stage of the trial of the impugned crime number but he submits that the further prayer for appropriate direction to the police to take steps on the report of the applicant could not be considered in the present matter.

Such direction could be given by this court only on filing the separate application on behalf of the applicant.

In continuation, he said that however if any direction is given by this court in this regard then in that circumstance the interest of the present complainant be protected by some appropriate order.

On consideration, by allowing the prayer of the applicant's counsel, this petition is disposed of as withdrawn and not pressed by extending the liberty to raise all the objections and grounds stated in this petition at appropriate stage of the trial of crime No.649/11 registered at the instance of the complainant Smt Pooja Jain.

However, considering the oral prayer of the applicant's counsel for taking appropriate steps on the aforesaid report of the applicant Annex.P/3, in the available circumstances, the SHO of police station Kotwali, Damoh as well as its authorities are directed to inquire separately about the facts of the report of the applicant stated in Annex.P/3 and proceed in the matter in accordance with the procedure prescribed under the law if till today no inquiry in this regard was carried out or no steps were taken for the same.

However, it is expected from such authority that such inquiry shall be carried out by such authority within sixty days from the date of submitting the certified copy of this order along with copy of this petition and IA No.7025/13 on behalf of the applicant before such police authority.

Pursuant to it, the interim order passed earlier for grant of stay against the further trial of the impugned criminal case has come to an end.

The petition is disposed of as withdrawn and not pressed with aforesaid direction and liberty.

C.C as per rules.

(U.C.Maheshwari) Judge MKL