Citation : 2022 Latest Caselaw 14176 MP
Judgement Date : 2 November, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 24514 of 2022
(ANMOL BALWANI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 02-11-2022
Shri Naman Nagrath, learned Senior Counsel assisted by Shri Jubin
Prasad.
Heard on the question of admission as well as interim relief.
Issue notice.
Notice is waived by Shri Vijay Kumar Shukla, learned Panel Lawyer on
behalf of respondents-State.
Learned counsel for the petitioner has placed reliance on a judgment of this Court in the case of Restaurant and Lounge Vyapari Association, Bhopal Vs. State of M.P. & others reported in 2016(2) MPLJ 504 to contend that passing of an order under Section 144 of the Code of Criminal Procedure without there being any emergent situation that too perennial in nature is not permissible. Counsel contends that he filed the aforesaid writ petition in which the said order has been passed. Now, again, without having any emergent situation and following the directions as issued by this Court, taking action against individuals a general order has been passed under Section 144 of
Cr.P.C.. As per him it amounts to violation of the order of the Court.
Shri Vijay Kumar Shukla, learned Panel Lawyer prays for two weeks' time to file response.
List in the week commencing 28/11/2022. Considering the aforesaid, operation of the impugned order Annexure P- Signature Not Verified SAN 2 dated 14/10/2022 shall remain stayed. Digitally signed by ANURAG SONI Date: 2022.11.02 18:54:30 IST Certified copy as per rules.
(VIVEK AGARWAL) JUDGE as
Signature Not Verified SAN
Digitally signed by ANURAG SONI Date: 2022.11.02 18:54:30 IST
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