Ramesh Dande vs The State Of Madhya Pradesh
2022 Latest Caselaw 9210 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                          &
   HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                         ON THE 9TH OF JULY, 2022

      MISCELLANEOUS CRIMINAL CASE NO.23338 OF 2020

       Between:-

       RAMESH DANDE S/O LATE SHRI
       BAIJNATH OCCUPATION- SERVICE
       AGE 59 YEARS R/O C-BLOCK
       H.NO.569  GWALIOR     ANAND
       NAGAR BAHODAPUR GWALIOR
       (MADHYA PRADESH).
                                                                ........APPLICANT

       (BY SHRI S.S. CHAUHAN - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH     POLICE  STATION
       BILAUA   DISTRICT  GWALIOR
       (MADHYA PRADESH).
                                                             ........RESPONDENT

        (BY SHRI RAJESH KUMAR SHUKLA - DEPUTY ADVOCATE
GENERAL)
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       This application coming on for hearing this day, Hon'ble Shri
Justice G.S. Ahluwalia, passed the following:
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                                ORDER

This application under Section 482 of Cr.P.C. has been filed against the common judgment dated 25/9/2017 passed in Criminal Appeal Nos.840/2004, 782/2004, 45/2005, 104/2005 and 609/2013, by which not only the accused/appellants were acquitted from all the charges, but the witnesses including the applicant have been directed to be prosecuted. The following relief has been sought:-

"It is therefore most humbly prayed that the record of court below may please be called, instant petition be allowed and the observation and directions issued against the petitioner in the impugned order be recalled and the impugned order be modified accordingly, any other order or direction in interest of justice may please be passed as the Hon'ble Court may be pleased."

2. Heard learned counsel for the applicant.

3. Against the judgment dated 25/9/2017 passed in above-mentioned Criminal Appeals, Shanti Swaroop Sharma had filed Special Leave to Appeal (Cri) Nos.10103-10107/2017, which was dismissed by the Supreme Court by order dated 26/7/2019. It is not out of place to mention here that Shanti Swaroop Sharma was one of the witness against whom prosecution was ordered. Similarly, the State of M.P. had also filed SLP (Cri) No.9715-9719/2017, which was dismissed by the Supreme Court by order dated 26/7/2019. Further, a Review Petition was filed by the State of M.P., which was registered as Review Petition (Cri) No.45-49/2010 and was dismissed by order dated 21/1/2020. Similarly, Jaishankar @ Vicky, Vijay Choudhary, Ajay Choudhary, Atal Bihari, Purushottam Bajpai and Vikas @ Vijay had filed SLP (Cri) No.10108-10112/2017, which too was dismissed by order dated 26/7/2009. Thus, it is clear that

not only the SLP as well as Review Petition filed by the State has been dismissed, but the SLPs. filed by some of the persons, against whom prosecution has been ordered, have also been dismissed.

4. Thereafter, Shambhu Singh Chauhan and Shivnath Singh Sikarwar, who were also the police officers against whom prosecution was directed, filed M.Cr.C. Nos.35271/2019 and 42189/2019 and both the applications were dismissed by order dated 6/3/2020. The grounds raised by the applicant have already been considered in detail while deciding the case of Shambhu Singh Chauhan and Shivnath Singh Sikarwar. Accordingly, this application is also dismissed in terms and conditions of order dated 6/3/2020 passed in the cases of Shambhu Singh Chauhan (supra) and Shivnath Singh Sikarwar (supra).

5. The direction for prosecution of the witnesses was given by judgment dated 25/9/2017. Approximately five years have passed and the stage of the said proceedings is not known. Accordingly, the Court of competent jurisdiction before whom the proceedings are pending is directed to conclude the proceedings positively within a period of nine months from today.

6. The Registry is directed to send a copy of this order to the Trial Court for communicating the same to the Court before which proceedings are pending

(G.S. AHLUWALIA) (RAJEEV KUMAR SHRIVASTAVA) JUDGE JUDGE Arun* ARUN KUMAR MISHRA 2022.07.12 12:21:13 +05'30'