Trivenikushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 5532 MP

                                   1                              CRR-2184-2021
          The High Court Of Madhya Pradesh
                     CRR-2184-2021
     (TRIVENIKUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Gwalior, Dated : 16-09-2021
      Shri Vivek Tankha, Senior Advocate with Shri Rajiv Sharma and Shri
Yash Sharma, Advocates for the petitioners.
      Shri Lokendra Shrivastava, Public Prosecutor for the respondent/State.

Heard on I.A. No. 27620/2021, an application for Stay. The present criminal revision has been filed under Section 397 and 401

of Cr.P.C. being aggrieved by the order dated 31/08/2021 passed by First Additional District Judge, Sabalgarh, District Morena, whereby, cognizance has been taken under section 34 & 302 of IPC in a pending Sessions Trial No. 83/2016 against the petitioners.

Learned Senior counsel for the petitioners submits that there is no evidence available on record so as to implicate the petitioners in the present case. It is stated that there is complete change in the version of FIR and the statements of the prosecution witnesses recorded under section 161 of Cr.P.C.

On perusal of FIR and the statements of the prosecution witnesses recorded under section 161 of Cr.P.C. there is no iota of evidence available against the present petitioners. It is only on the basis of statements deposed by the prosecution witness Golu @ Kunal (PW/8) cognizance in the matter has been taken against the petitioners by the court below. Moreover, the court below without issuance of summons has issued arrest warrant, which could not have been issued in the light of Apex Court judgment delivered in the case o f Inder Mohan Goswami & Another vs State Of Uttaranchal & Others reported in (2007) 12 SCC 1.

Issue notice on the question of admission as well as on interim relief to the respondents on payment of process fee by RAD mode within seven working days, failing which, this criminal revision shall stand dismissed automatically without further reference to this Court. Notice be made returnable within four 2 CRR-2184-2021 weeks.

In the meanwhile, till next date of hearing, further proceedings of S.T. No. 86/2016 pending before First Additional District Judge, Sabalgarh, District Morena (M.P.) shall remain stayed.

List this matter in the week commencing 25/10/2021.

Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE

Durgekar Digitally signed by SANJAY N

SANJAY N DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF

DURGEKA MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=148d33096a059f4adb584e

R 1b0b1d3a3616b3e020c6aff92108af ad476190e841, cn=SANJAY N DURGEKAR Date: 2021.09.17 14:48:40 +05'30'