Sanjeev Nayan Sharma vs Smt Kamla Bai
2022 Latest Caselaw 9069 MP

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                  IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR
                                   WA No. 765 of 2022
                 (SANJEEV NAYAN SHARMA AND OTHERS Vs SMT KAMLA BAI AND OTHERS)

Dated : 07-07-2022
           Shri Arvind Dudawat, learned counsel for the appellant.

           Shri M.P.S. Raghuvanshi, learned Additional Advocate General for the
respondents/State.

Learned counsel for the parties at the outset submit that in view of amended rule under Sub Rule 7(f) of Rule 2 of Chapter IV of the High Court Rules incorporated on 22.04.2022, the habeas corpus writ petitions are to be

heard by Division Bench, therefore, the impugned order of learned Single Judge invoking the writ jurisdiction for the purpose of issuance of writ of habeas corpus suffers from vice of corum non judice .

Upon perusal of amendment, it appears that objection so raised against the impugned judgment is found to have substantial force.

Accordingly, issue notice to the respondents on payment of process fee within seven working days by registered A.D. post as well as ordinary mode, returnable within four weeks.

In the meanwhile, effect and operation of the impugned order shall remain

stayed.

C.c. as per rules.

   (ROHIT ARYA)                                         (MILIND RAMESH PHADKE)
      JUDGE                                                      JUDGE

neetu
    NEETU
    SHASHANK
    2022.07.07
    17:45:59
    +05'30'