Nagendra Singh Bhadoriya vs Indraveer Singh Bhadoriya
2022 Latest Caselaw 9381 MP

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                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   MCRC No. 28689 of 2022
                                    (NAGENDRA SINGH BHADORIYA Vs INDRAVEER SINGH BHADORIYA)

             Dated : 11-07-2022
                              Shri Harshit Sharma, learned counsel for the petitioner.

                              Heard on admission as I.A. No.9368/2022, an application for stay.
                              Learned counsel for the petitioner submitted that petitioner suffers from
            the wrath of double jeopardy as per Section 300(2) of the Cr.P.C.. He already
            convicted by the Special Judge (Prevention of Corruption Act), Gwalior vide
            judgment dated 28.04.2022 in respect of offence under Section 7 of the

            Prevention of Corruption Act and Sections 120-B and 201of the IPC. Now
            again as a offshoot of that implication, petitioner is subjected to trial for the
            offence under Sections 343 and 347 of the IPC. Genesis of crime is same,
            therefore, as per Section 300(2) of the Cr.P.C. without prior approval of State
            Government, no such proceedings can be undertaken.
                              Issue notice to the respondent on payment of process fee within seven

working days through registered A.D. as well as ordinary mode, returnable within four weeks.

Till next date of hearing, proceedings pending before the trial court shall

remain stayed.

C.C. as per rules.

(ANAND PATHAK) JUDGE

Rashid RASHID KHAN 2022.07.11 19:19:23 +05'30' 11.0.8