Babulal Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 8868 MP

                                                                     1                            MCRC-59744-2021
                                           The High Court Of Madhya Pradesh
                                                   MCRC No. 59744 of 2021
                                               (BABULAL PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                   Jabalpur, Dated : 15-12-2021
                                         Shri Akhilesh Kumar Singh, Advocate for the applicant.

                                         Shri Prateek Jain, P.L. for the respondent/State.

Issue notice to the respondents.

Mr.Vijyendra Choudhary, Advocate accepts notice on behalf of the respondent no.2.

Heard on I.A.No.21558/2021, an application for grant of stay. Learned counsel for the petitioner submits that the instant petition under section 482 Cr.P.C. has been filed seeking quashment of the impugned FIR dated 7.6.2018 registered at Crime No.236/2018 at Police Station Amarpatan, District Satna, for the offence punishable under sections 420/34 of the I.P.C. He further submits that in identical matters arising out of the same Crime No. this court had passed an interim order directing that till the next date of hearing, no coercive steps shall be taken against the applicant, therefore, in order to maintain parity, the same order may be passed in this

case as well.

On the other hand, learned G.A. opposed the prayer and submitted that though such orders were passed; but, those were effective for a period of six months or till the disposal of this case, whichever is earlier. Moreover, the respondent/State has already filed the application for vacating of the interim order granted in those cases as such petitioner cannot claim parity.

Heard learned counsel for the parties. The Apex Court in the case of M/s Niharika Infrastructure Private Limited Vs. State of Maharashtra, 2021 SCC Online SC 315 has held that normally, when the investigation by the police is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or "no coercive steps to be adopted" and the accused should be relegated to apply for anticipatory bail under section 438 Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2021.12.16 16:15:55 IST 2 MCRC-59744-2021 Cr.P.C before the competent court".

On a query being raised by this Court as to whether the petitioner had applied for anticipatory bail, learned counsel for the petitioner submitted that anticipatory bail has already been rejected in respect of the present petitioner.

In the light of the judgment rendered by the Apex Court in the case of

M/s Niharika (supra), this court is not inclined to grant any interim protection to the petitioner.

I.A.No.21558/2021 stands rejected.

List the case after four weeks.

(S. A. DHARMADHIKARI) JUDGE

HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2021.12.16 16:15:55 IST