The State Of Madhya Pradesh vs Jagdish Dhakad
2022 Latest Caselaw 478 MP

                                     1                           MCRC-62873-2021
          The High Court Of Madhya Pradesh
                  MCRC No. 62873 of 2021
                   (THE STATE OF MADHYA PRADESH Vs JAGDISH DHAKAD)

Gwalior, Dated : 10-01-2022
         Heard through Video Conferencing.

         Shri M.P.S. Raghuvanshi, learned Additional Advocate General for the
State.
         Learned Additional Advocate General for the petitioner/State submits
that this petition under Section 482 of Cr.P.C. has been filed with regard to
recall of order dt.17.08.2021 passed in M.Cr.C. No. 22583/2021 upto the

extent of stricture passed against the trial Court Magistrate.
         It is submitted that the trial Court Magistrate has granted interim bail of
90 days to accused- Jagdish Dhakad vide order dt.19.05.2021 passed in RCT
No.1713/2021 in the light of the judgment passed by this High Court on
10/5/2021

in Suo Motu Writ Petition (civil) No.1/2020 “in recon:contagion of covid-19 virus in prisons†and in WP. No. 9320/2021 “INRE (suo motu) vs. The State of Madhya Pradesh & Ors. as well as judgment passed by the Apex Court. It is further submitted that as the Magistrate was bonafide and he has not any malafide intention in granting bail. Considering the future

of the trial Court Magistrate alongwith the fact that there was no intention behind passing the aforesaid order by the Magistrate, learned counsel prayed to expunge the stricture passed against the concerned Magistrate.

Heard the counsel for the petitioner/State and perused the record. Considering the submissions made by the Additional Advocate General for the petitioner/State, following stricture passed against the Magistrate is hereby recalled "Considering the aforesaid facts along with the order dated 19/5/2021, it would be appropriate to direct the District Judge, Vigilance to initiate an enquiry against the Magistrate concerned."

A copy of this order be sent to the District Magistrate, Vigilance through Principal Registrar of this Bench.

Accordingly, the petition stands disposed of.

                         2                  MCRC-62873-2021




                            (RAJEEV KUMAR SHRIVASTAVA)
                                       JUDGE

shanu*



  Digitally signed by
  SHANU RAIKWAR
  Date: 2022.01.11
  10:33:27 -08'00'