Ram Pratap Singh Parihar vs The State Of Madhya Pradesh
2021 Latest Caselaw 3355 MP

                                  1                           MCRC-52378-2020
         The High Court Of Madhya Pradesh
                   MCRC-52378-2020
 (RAM PRATAP SINGH PARIHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

6
Gwalior, Dated : 15-07-2021
       Shri Harshit Sharma, learned counsel for the petitioners.
       Shri Santosh Sharma, learned PL for the respondents/State.

Heard through Video Conferencing.

Learned counsel for the petitioners referred the order dated 19.08.2020 passed in MCRC No.24571/2020, whereby the petition has been withdrawn

by the petitioners, but later on, on the basis of charge-sheet, petitioners re- agitated the matter because according to them, charge-sheet and documents appended thereto, do not disclose the commission of offence by the petitioners. Counsel relied upon the recent judgment of Supreme Court in the case of Vinod Kumar (IAS) Vs. Union of India and others, Writ Petition (Criminal) No.255/2021, judgment dated 29.06.2021 by which Apex Court relied upon its earlier decision as reported in the case of Superintendent and Rememberancer of Legal Affairs, West Bengal Vs. Mohan Singh and others, (1975) 3 SCC 706. He submitted that second

petition under Section 482 of Cr.P.C. is available to further the cause of justice and to check abuse of process of law.

According to the counsel for the petitioners, from the perusal of charge-sheet, it appears that no ingredients of offence under Sections 306, 34 of IPC exists against the petitioners and it is the process of harassment of petitioners.

Issue notice to the respondents on payment of process fee within seven working days through registered A.D. mode, returnable within four weeks.

Meanwhile, respondents are at liberty to file reply or to seek instructions.

(ANAND PATHAK) 2 MCRC-52378-2020 JUDGE Rashid RASHID Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed195 4237f6324416af3985b5e9940ed42,

KHAN serialNumber=111cc474a72b078dc9a89f3cb13bb6 68fd8e0e91beda3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2021.07.16 11:45:35 +05'30'