Varsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12516 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                               ON THE 3 rd OF AUGUST, 2023
                                          CRIMINAL REVISION No. 3365 of 2022

                          BETWEEN:-
                          VARSINGH S/O NATHU MEDA, AGED ABOUT 45 YEARS,
                          OCCUPATION:    AGRICULTURIST   KHALKHANDVI,
                          TEHSIL MEGHNAGAR DISTRICT JHABU (MADHYA
                          PRADESH)

                                                                                      .....PETITIONER
                          (SHRI AKASH RATHI, LEARNED COUNSEL FOR THE PETITIONER).

                          AND
                          1.    THE STATE OF MADHYA PRADESH STATION
                                HOUSE OFFICER THROUGH POLICE STATION
                                MEGHNAGAR, DISTRICT JHABUA (MADHYA
                                PRADESH)

                          2.    HEMANT S/O HARIYA MEDA, AGED ABOUT 40
                                Y E A R S , OCCUPATION:  AGRICULTURIST
                                KHALKHANDVI, TEHSIL MEGHNAGAR DISTRICT
                                JHABUA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI YASHRAJ GUPTA, LEARNED COUNSEL FOR THE RESPONDENT [R-
                          2].

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                            ORDER

This revision petition under Section 397/401 of Cr.P.C has been filed against the order dated 25.08.2022, passed by First Additional Session Judge, Jhabua, in ST No.35/2018.

During the course of arguments, learned Govt. Advocate for the State has relied upon the judgment passed in the case of P. Kartikalakshmi Vs. Signature Not Verified Signed by: VARSHA DUBEY Signing time: 8/4/2023 10:58:25 AM

Shri Ganesh and another 2017 (3) SCC 347 wherein it is held that the power under Section 216 of CrPC vested in Court is exclusive to the Court and there is no right in any party neither de facto complainant nor accused nor prosecution to seek such addition or alteration by filing any application as a matter of right.

At this stage, in view of the aforesaid law laid down by Hon'ble Supreme Court, learned counsel for the applicant wishes to withdraw this petition.

Prayer is allowed.

Accordingly, Cr.R. No.3365/2022 is dismissed as withdrawn. Certified copy, as per Rules.

(PREM NARAYAN SINGH) JUDGE VD

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 8/4/2023 10:58:25 AM