Dhanendra Singh Bhadoriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 548 MP

                                          1                           MCRC-1873-2021
               The High Court Of Madhya Pradesh
                         MCRC-1873-2021
             (DHANENDRA SINGH BHADORIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

    3
    Gwalior, Dated : 08-03-2021
              Shri Manish Datta, learned Senior Counsel with Shri Vivek Khedkar
   and Shri Nirmal Sharma, learned counsel for applicant.
              Shri Pramod Pachori, learned Public Prosecutor for respondent

No.1/State.

Shri F.A.Shah, learned counsel for respondent No.2/complainant.

Preliminary objection raised by counsel for respondent No.2 is regarding maintainability of instant application filed under Section 439 of Cr.P.C. as according to him, applicant is still at large and therefore, application is not maintainable under Section 439 of Cr.P.C..

Counsel for the applicant relied upon the judgment rendered by the Apex Court in the case of Sundeep Kumar Bafna Vs. State of Maharashtra and Ors. reported in 2014(2) ACR 2134 and submits that application is maintainable.

After arguing for a while, counsel for the parties have sought

adjournment to reinforce their arguments and thereafter, advance the argument before this Court.

List the matter on 10.03.2021. Meanwhile, parties to submit relevant documents in support of submissions.

(ANAND PATHAK) JUDGE

Ashish*

ASHISH CHAURASIA 2021.03.09 17:04:54 +05'30'