Devnath Waghmare vs The State Of Madhya Pradesh
2022 Latest Caselaw 15367 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         WP No. 26577 of 2022
                                       (DEVNATH WAGHMARE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 22-11-2022
                                  Shri V.D.S.Chouhan, learned counsel for the petitioner.

                                  Shri Swapnil Ganguly, learned Dy. AG for the respondent/State.

The petitioner is assailing the notice dated 02.11.2022 contained in Annexure-P/7 which has been issued in purported excercise of power conferred under Section 92 of Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993.

Learned counsel for the petitioner contends that on similar set of charges the petitioner was subjected to prosecution and was acquitted by judgment dated 10.03.2022 which is contained in Annexure-P/6.

Prima facie, perusal of para 3 of the judgment reflects that the charges in criminal case against the petitioner were different from the charges alleged in impugned notice dated 02.11.2022.

Issue notice to the respondents on payment of P.F within seven working days. Returnable in 8 weeks.

In the meantime, if the petitioner deposits amount of Rs. 69,250/- as

mentioned in the impugned notice dated 02.11.2022 contained in Annexure-P/7 within a period of 10 days from today, no coercive steps shall be taken against the petitioner till the next date of hearing.

The deposit of said amount shall remain subject to outcome of this petition.

(MANINDER S. BHATTI) JUDGE Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/23/2022 4:54:33 PM

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Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/23/2022 4:54:33 PM