Ghanshyam Singh Bhadoria vs The State Of Madhya Pradesh
2022 Latest Caselaw 8573 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                           BEFORE
            HON'BLE SHRI JUSTICE ANAND PATHAK


               WRIT PETITION No. 3723 of 2022
BETWEEN:-
GHANSHYAM SINGH BHADORIA, AGED
ABOUT 43 YEARS, S/O SHRI RAM SINGH
BHADORIA,        OCCUPATION         SUB
INSPECTOR POLICE, POSTED IN EOW
GWALIOR, R/O SIKANDAR KAMPOO,
LASHKAR        GWALIOR,      DISTRICT
GWALIOR (MADHYA PRADESH).
                                                PETITIONER
      (BY SHRI ANKUR GUPTA-ADVOCATE)
AND


1.    THE STATE OF MADHYA PRADESH
THROUGH       PRINCIPAL    SECRETARY,
DEPARTMENT      OF   HOME,   VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2.    THE   DIRECTOR      GENERAL   OF
POLICE,     POLICE     HEADQUARTER,
BHOPAL (MADHYA PRADESH).
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3.     THE          SUPERINTENDENT                     OF
POLICE,          POLICE           HEADQUARTER,
BHOPAL (MADHYA PRADESH).
                                                                      RESPONDENTS
       (BY SHRI SANJAY KUMAR SHARMA- GOVERNMENT
       ADVOCATE FOR RESPONDENTS NO. 1 TO 3/STATE)
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RESERVE FOR ORDERS ON :                     15/02/2022
ORDER PASSED ON                        :     28/06/2022
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This petition coming on for ORDERS this day, the court passed the
following:
                                           ORDER

Heard on admission as well as interim relief. It is the submission of learned counsel for the petitioner that petitioner is crestfallen by adverse remarks made by learned Court of 7 th Additional Sessions Judge, Gwalior in sessions trial No. 235/2017; whereby, while passing order of acquittal in respect of one accused person and convicting another vide judgment / order dated 25/9/2021, the Court has made adverse remarks as surfaced in para 92 and 93 of impugned judgment by which certain aspersions have been cast upon Investigating Officer (petitioner herein).

According to learned counsel for the petitioner no opportunity of hearing was provided to petitioner before making such remarks against

him. In support of his arguments, learned counsel for the petitioner relied upon the decision of Apex Court in the case of State of Uttar Pradesh Vs. Mohd. Naim, AIR 1964 SC 703 and State of Maharaashtra Vs. Tasneem Rizwan Siddiquee, (2018) 9 SCC 745.

Heard.

Issue notice to the respondents by RAD post on payment of process fee within seven working days failing which petition shall stand dismissed without further reference to the Court. Notice be made returnable within four weeks.

Considering the mandate of Apex Court in the case of Mohd. Naim (supra) relied uptil Tasneem Rizwan Siddiquee, (supra), it appears that opportunity of hearing was required to be given before making such remarks.

Till next date of hearing, no adversity or prejudice shall be caused to the petitioner on the basis of adverse remarks so made by learned 7 th Additional Sessions Judge, Gwalior.

List after service of notice.

Certified copy as per rules.

(ANAND PATHAK) JUDGE jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

PRAKASH Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f 4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB219378 0D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C0 1433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.06.29 10:24:28 +05'30'