N.S. Bais Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1052787
CourtMadhya Pradesh High Court
Decided OnMar-05-2013
AppellantN.S. Bais
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr. c no.2037/13. 5.3.2013 shri a.p.singh, learned counsel for the applicant. shri pramod chourasia, learned p.l.for the state. the applicant/accused has filed this petition under section 482 of cr.p.c.for quashment of the firs.information report registered as crime no.719/11 against him at police station jahangirabad district bhopal for the offence of sections 420, 467, 468, 471 and 120-b of i.p.c.in addition to it, the prayer for quashment of the subsequent investigation is also made. in compliance of the earlier order, the case diary is available with the state counsel hence, with the consent of the parties this petition is taken up for admission as well as for final disposal. applicant’s counsel after taking me through the papers along with the averments of the petition initially argued the case for quashment of the aforesaid fir and it’s entire investigation, but in response of some query based on the averments of the fir, instead to argue further, seeks permission to withdraw this petition with liberty to file a representation in the office of superintendent of police bhopal, by mentioning all the objections and the grounds stated in the petition with a further prayer for appropriate direction to such authority to consider and decide the same in accordance with the procedure prescribed under the law. on consideration by allowing the prayer of the applicant’s counsel this petition is hereby dismissed as withdrawn and not pressed with aforesaid liberty. however, the superintendent of police bhopal, is directed that on filing the aforesaid representation on behalf of the applicant within 15 days from today, then the same be considered by speaking manner within 30 days in accordance with the procedure prescribed under the law keeping in view the facts and circumstances of the case diary of the impugned case. certified copy as per rules. (u.c.maheshwari) judge pb
Judgment:

M.Cr.

C No.2037/13.

5.3.2013 Shri A.P.Singh, learned counsel for the applicant.

Shri Pramod Chourasia, learned P.L.for the State.

The applicant/accused has filed this petition under Section 482 of Cr.P.C.for quashment of the FiRs.Information Report registered as Crime No.719/11 against him at Police Station Jahangirabad District Bhopal for the offence of Sections 420, 467, 468, 471 and 120-B of I.P.C.In addition to it, the prayer for quashment of the subsequent investigation is also made.

In compliance of the earlier order, the case diary is available with the State counsel hence, with the consent of the parties this petition is taken up for admission as well as for final disposal.

Applicant’s counsel after taking me through the papers along with the averments of the petition initially argued the case for quashment of the aforesaid FIR and it’s entire investigation, but in response of some query based on the averments of the FIR, instead to argue further, seeks permission to withdraw this petition with liberty to file a representation in the Office of Superintendent of Police Bhopal, by mentioning all the objections and the grounds stated in the petition with a further prayer for appropriate direction to such authority to consider and decide the same in accordance with the procedure prescribed under the law.

On consideration by allowing the prayer of the applicant’s counsel this petition is hereby dismissed as withdrawn and not pressed with aforesaid liberty.

However, the Superintendent of Police Bhopal, is directed that on filing the aforesaid representation on behalf of the applicant within 15 days from today, then the same be considered by speaking manner within 30 days in accordance with the procedure prescribed under the law keeping in view the facts and circumstances of the case diary of the impugned case.

Certified copy as per rules.

(U.C.Maheshwari) Judge Pb