Pankaj vs The State Of Madhya Pradesh
2022 Latest Caselaw 15862 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                   MCRC No. 50416 of 2022
                                    (PANKAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 30-11-2022
                               Shri Depen S. Jagyasi, learned counsel for the applicants.

                               Shri Ajay Shukla, learned Panel Lawyer for respondent/State.

Heard.

Issue notice to respondent no.2 on payment of process fee within seven days, failing which the application shall stand dismissed without further reference to the Court.

He also prayed for interim relief.

Learned counsel for the applicants submits that impugned FIR dated 03/03/2022 (Annexure-B) is nothing but a counter blast and after thought on the part of respondent No.2. The applicant lodged an FIR on 29/09/2021 (Annexure-A) and thereafter respondent No.2 preferred an application for grant of anticipatory bail on 07/10/2021 (Annexure-C). She could not get anticipatory bail from the Sessions Court and could succeed in getting anticipatory bail only from the High Court. Thus, she was fully aware in October, 2021 itself about lodging of FIR by the applicant on 29/09/2021. As a counter blast, she filed the

second FIR which was mechanically registered by police without considering the judgment of Supreme Court in the case of Lalita Kumari vs. State of Uttar Pradesh, 2012 (2) SCC (Cri) 1. He also placed reliance on a recent judgment passed by Jammu & Kashmir High Court in Syed Rafie Ul Akmal andrabi vs. Irshad Ahmad Kamili & others [CRM(M) No.83/2020] and urged that without conducting any preliminary enquiry, the police was not justified in registering the FIR. Moreso, when FIR is a counter blast and based Signature Not Verified Signed by: MANJU Signing time:

11/30/2022 5:20:09 PM

on omnibus allegations.

Considering the aforesaid and subject to hearing the other side, till the next date of hearing, no coercive action shall be taken against the applicant in pursuant to impugned FIR dated 03/03/2022.

Learned Panel Lawyer shall procure the case diary before the next date of hearing.

Certified copy today.

(SUJOY PAUL) JUDGE

manju

Signature Not Verified Signed by: MANJU Signing time:

11/30/2022 5:20:09 PM