Chand Shekhar Singh vs Rajeshwar Prasad Shukla
2021 Latest Caselaw 1327 MP

Citation : 2021 Latest Caselaw 1327 MP
Judgement Date : 6 April, 2021

Madhya Pradesh High Court

Chand Shekhar Singh vs Rajeshwar Prasad Shukla on 6 April, 2021

Author: Vijay Kumar Shukla

                                                                          1                               MP-1488-2021
                                                     The High Court Of Madhya Pradesh
                                                                MP-1488-2021
                                             (CHAND SHEKHAR SINGH AND OTHERS Vs RAJESHWAR PRASAD SHUKLA AND OTHERS)

                                       1
                                       Jabalpur, Dated : 06-04-2021
                                               Shri Umesh Shrivastava, learned counsel for the petitioners.
                                               Counsel for the petitioners in the instant petition seeks quashment of
                                       the order dated 24.6.2020 passed by the JMFC, Rampur Baghelan, District
                                       Case in unregistered case an application under Section 156(3) of Cr.P.C.
                                       moved by respondent No.1 praying for registration of FIR under Sections

149, 283, 342, 431 and 435 of IPC read with Section 3(1)(2) of Public Property Damages Prevention Act, 1984 whereby lower Court has allowed the application.

Counsel for the petitioners submit that the present petition under Article 227 of the Constitution of India is maintainable in view of the judgment passed by the Apex Court in the case of Kapil Agarwal and others Vs. Sanjay Sharma and others - Cr.A. No. 142/2021 decided on 1.3.2021 . It is further stated that the Magistrate has passed the order of registration of FIR without issuing any notice to the present petitioners.

In view of the aforesaid, issue notice to the respondents on payment of P.F. within 7 working days by both modes, failing which this petition shall stand dismissed without reference to the Court. Notice be made returnable within four weeks.

Till the next date of hearing, the operation of the impugned order dated 24.6.2020 (Annexure P/1) shall remain stayed.

C.C. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by MRS DEEPA MISHRA Date: 2021.04.06 16:09:47 IST