Vinod Khampariya vs Anand Kumar
2022 Latest Caselaw 3087 MP

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    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                   BEFORE
                    HON'BLE SHRI JUSTICE VIRENDER SINGH
                            ON THE 4th OF MARCH, 2022

                 MISC. CRIMINAL CASE No. 9572 of 2022

         Between:-
         VINOD KHAMPARIYA S/O SHRI VISHWANATH
         KHAMPARIYA , AGED ABOUT 66 YEARS,
         OCCUPATION: NIL R/O KHAMPARIYA MOHALLA
         PURANI BASTI JALPA WARD KATNI TAH. AND
         DISTRICT KATNI (MADHYA PRADESH)

                                                                    .....PETITIONER
         (BY SHRI VIJAY PANDEY, ADVOCATE )

         AND

         ANAND KUMAR S/O PARMANAND CHOUDAHA ,
         AGED    ABOUT    46    YEARS, OCCUPATION:
         PROPRIETOR KALPTARU TEXTILE AZAD CHOWK
         KATNI R/O JALPA DEVI WARD OPP. OF
         LAXMINARAYAN MANDIR KATNI DISTRICT
         KATNI (MADHYA PRADESH)

                                                                 .....RESPONDENTS
         (BY NONE)



                                      ORDER

The petitioner by way of present petition under Section 482 CrPC has

invoked inherent powers of this Court. Grievance of the petitioner is that even after complying the order of the trial Court regarding his appearance before it and even when after his appeal being disposed off, his pension has not been released by the concerned authority stating that they need the order of the Court to do the same.

2. Since the petitioner was not appearing before the Court even after issuance of arrest warrant, the Court stayed the pension of the petitioner vide order dated 19.02.2021 till further orders of the Court. The petitioner preferred a revision petition being CRR No.837/2021 against this order. This revision was disposed off vide order dated 18.01.2022 observing that :

"The order shows that it was passed with intent to secure presence of the petitioner. Now, that criminal appeal has been finally disposed of vide judgment dated 25.09.2021 which is being challenged in connected Criminal Revision No.29/2022, therefore, nothing survives in the present petition and the same

stands dismissed accordingly."

3. When the authority was contacted to release the pension of the petitioner, they refused to do so in absence of any specific order of the Court. Thereafter, they approached the appellate Court but it refused to entertain the prayer of the

petitioner on the ground that the record of the appellate Court as well as trial Court has been sent to this Court and nothing is pending before it.

4. The petitioner prays for issuance of appropriate direction to the concerned authority to release his pension. However, looking to the fact that stay order has been passed by the appellate Court, therefore, it would be proper that such a prayer be entertained by the same Court first and the petitioner can approach the higher court i.e. High Court if the grievance still persists.

5. Looking to the nature of grievance and also considering the submission of the ld. counsel for the petitioner that the petitioner will file an application within 10 days before the trial Court, in anticipation, the record be sent to the appellate Court. It is directed that the application filed by the petitioner be decided within one month from the date of its filing, following due process of law and after disposal of the application, the record be remitted back to this Court.

6. With the aforesaid, the petition stands disposed off.

VIRENDER SINGH) JUDGE anand Digitally signed by ANAND KRISHNA SEN Date: 2022.03.08 12:25:39 +05'30'