Anoop Mishra vs Akla Dubey
2022 Latest Caselaw 6152 MP

                                        1
               IN THE HIGH COURT OF MADHYA PRADESH
                             AT INDORE
                              MCRC No. 56504 of 2021
                   (ANOOP MISHRA AND OTHERS Vs AKLA DUBEY AND OTHERS)

Dated : 25-04-2022
       Shri Sudarshan Joshi, learned counsel for the applicants.

       Shri Bhaskar Agrawal, learned Govt. Advocate for respondent/State.

Shri Ajay Bagadia, learned Sr. Advocate with Shri Gajendra Singh Chouhan, learned counsel for the private respondents.

Heard on I.A. No.28509/2021, an application for interim relief. Learned counsel for the applicants has drawn attention of this Court to the

impugned order whereby after taking conginzance in a complaint case filed by the private respondents on the very first date in order to secure the presence of applicants arrest warrant has been issued which is not permissible in the light of judgment of apex Court passed in the case of Inder Mohan Goswami V/s. State of Uttaranchal : 2008 (10) SCC (Cri.) 259.

Learned counsel for the respondents is not disputing the aforesaid proposition of law, but submits that in order to honour the warrant of arrest the applicants atleast be directed to appear before the Court so that the Court may proceed with the trial.

Let the applicants appear before the trial Court and secure his regular bail within a period of 15 days from today. Till then, no coercive action be taken against them.

List this M.Cr.C. after vacation for final hearing at motion stage. C.C. as per rules.

(VIVEK RUSIA) JUDGE Alok Digitally signed by ALOK GARGAV Date: 2022.04.25 19:16:15 +05'30'