Gagan vs Neeraj Jain
2022 Latest Caselaw 12754 MP

                          HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                                                M. Cr. C. No.35453/2022
                                           (Gagan and Anr. Vs. Neeraj Jain and Anr.)
                                                             -1-

                          Indore, dated 22/09/2022
                                 Mr. Hitesh Sharma, learned counsel for the petitioners.
                                 Ms. Seema Maheshwari, learned Panel Lawyer for the
                          respondent No.2 / State.

Heard on IA.No.9891/2022, which is an application for grant of stay.

Counsel for the petitioners submits that the trial Court has passed the impugned order without any documentary evidence only on the basis of false complaint and if the impugned order is not stayed the petitioners will suffer irreparable loss. Hence, he prays that further proceedings in Complaint Case No. UNCR/22602/2021 along with all subsequent proceedings be stayed.

In support of his contention, learned counsel for the petitioners placed reliance upon a judgment delivered by the apex Court in the case of Anil Kumar Vs. M. K. Aiyappa reported in Laws (SC)-2013-10-1.

Learned counsel appearing on behalf of the respondent No.2 opposed the same and prays for its rejection.

From perusal of the petition and other documents, this Court is of the considered opinion that without granting an opportunity of hearing to the respondent No.1, it would not be justified to stay the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/22/2022 3:05:11 PM HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M. Cr. C. No.35453/2022 (Gagan and Anr. Vs. Neeraj Jain and Anr.)

unregistered complaint case, which is pending before the trial Court, at preliminary stage. Therefore, IA.No.9891/2022 stands dismissed.

Let notice be issued to the respondent No.1 on payment of process fee within seven working days. Notice be made returnable within nine weeks.

List thereafter.

(ANIL VERMA) J U D G E Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/22/2022 3:05:11 PM