Ankit Shrivstava vs The State Of Madhya Pradesh
2021 Latest Caselaw 5725 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.45335/2021
        Ankit Shrivastava & Ors. vs. State of M.P. & Anr.

Gwalior, Dated : 20.09.2021

      Shri Neelesh Jain, Counsel for the applicants.

      Shri Narottam Sharma, Panel Lawyer for the respondent/State.

This application under Section 482 of Cr.P.C. has been filed

for recall of order dated 10.8.2021 passed in M.Cr.C.No.39647/2021.

It is fairly conceded by the counsel for the applicants that in

case if this Court directs the police authorities to investigate the

matter from the point of view of the applicants, then it would amount

to supervise the investigation. Further, in the light of the judgment

passed by the Supreme Court in the case of Romila Thapar and

others vs. Union of India and others reported in (2018) 10 SCC 753

and this Court in the case of Prabal Dogra vs. Superintendent of

Police, Gwalior and State of M.P. by order dated 30.11.2017

passed in M.Cr.C.No.10446/2017, the accused has no right to seek

direction to the Investigating Officer to investigate the matter in a

particular manner. Further, in the light of the judgment passed by the

Supreme Court in the case of State of Orissa vs. Devendra Nath

Padhi reported in (2005) 1 SCC 568, the accused has no right to take

defence even at the stage of framing of charges and he has to prove its

defence at the trial and, therefore, this Court while considering

M.Cr.C.No.39647/2021, has refrained itself from giving any findings

THE HIGH COURT OF MADHYA PRADESH MCRC No.45335/2021 Ankit Shrivastava & Ors. vs. State of M.P. & Anr.

on the said submission made by the counsel for the applicants.

At this stage, the counsel for the applicants seeks permission

of this Court to withdraw this application.

It is, accordingly, dismissed as withdrawn.

                                                             (G.S. Ahluwalia)
(alok)                                                            Judge




 ALOK KUMAR
 2021.09.20 18:11:17 +05'30'