Smt. Munendra Kumari vs Shobhit Samaiya
2022 Latest Caselaw 12946 MP

                                                            1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                           BEFORE
                                          HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                ON THE 26th OF SEPTEMBER, 2022

                                          MISC. CRIMINAL CASE No. 54152 of 2019

                                  BETWEEN:-
                                  SMT. MUNENDRA KUMARI W/O LATE SHRI
                                  VIMAL SAMAIYA, AGED ABOUT 67 YEARS,
                                  OCCUPATION: HOUSE WIFE 2ND FLOOR VIDYA
                                  SAGAR COMPLEX TILAK WARD, JABALPUR
                                  (MADHYA PRADESH)

                                                                                         .....APPLICANT
                                  (BY SHRI AMIT SAHANI, ADVOCATE )

                                  AND
                                  SHOBHIT     SAMAIYA     S/O  LATE   SHIR
                                  VIREDNRAKUMAR SAMAIYA, AGED ABOUT 48
                                  YEAR S , H.NO. 1481 SHUKRAWRI BAJARIYA
                                  HANUMAN       TAL   JABALPUR   PRESENTLY
                                  RESIDING     AT   OPPOSITE   BHANWARTAL
                                  GARDEN BEHIND KHUSI PLAZZA NAPIER TOWN
                                  (MADHYA PRADESH)

                                                                                     .....RESPONDENTS


                                This application coming on for admission this day, the court passed the

                          following:
                                                             ORDER

Heard.

Record perused.

This application has been filed under Section 378(4) of Cr.P.C. for grant of leave to file appeal against the judgment dated 4/11/2019 passed by learned Judicial Magistrate First Class, District Jabalpur in Criminal Complaint Case No.1272/2010.

On due consideration of the facts and circumstance of the case and the Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 9/27/2022 1:28:02 PM

material evidence available on record, I am of the view that it is a fit case in which permission for grant of leave to appeal can be allowed, meaning thereby, the matter has to be admitted for final hearing.

Accordingly, the application filed by the applicant u/S.378(4) of Cr.P.C. is allowed and permission for grant of leave to appeal is granted.

Appeal filed as a consequence of this order, be registered and proceeded as per rules, as admitted.

On payment of requisite process fee, office is directed to issue bailable warrant against the respondent in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before this

Registry/Office of this Court on 6/12/2022 and on all other subsequent dates as may be fixed by the Office in this behalf.

With the aforesaid, present M.Cr.C. is disposed of. Certified copy as per rules.

(RAJEEV KUMAR DUBEY) JUDGE m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 9/27/2022 1:28:02 PM