Prateek Kaushal vs The State Of Madhya Pradesh
2023 Latest Caselaw 12628 MP

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                              IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE
                                              WP No. 17718 of 2023
                              (PRATEEK KAUSHAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

               Dated : 04-08-2023
                         Shri Shekhar Sharma, learned counsel for the petitioner.

                         Shri Aniket Naik, Govt. Advocate for respondents/State.

Heard on the question of admission and interim relief. Learned counsel for the petitioner submitted that the impugned order dated 23.6.2023 (Annexure P/5) has been passed without putting the petitioner

to a proper notice. The so called notice dated 21.5.2023 was criticized by contending that neither nature of specific allegations are spelt out / mentioned nor the report on the strength of which notice was issued is supplied. Learned counsel for the petitioner has placed reliance on the judgment of the Supreme Court in Gorkha Security Services v/s. Govt. of (NCT of Delhi) & Others, (2014) 9 SCC 105.

Learned counsel for the petitioner is ready to submit a surety of equal amount of value of the JCB machine.

Learned counsel for the respondents/State opposed the prayer and

submitted that in the order dated 23.6.2023, it is mentioned that the use of vehicle has been admitted by the petitioner therefore, no interim relief can be granted.

Heard the learned counsel for the parties as an interim measure and subject to hearing the other side after reply, it is directed that if the petitioner deposits surety of the said amount before the competent authority, the interim Signature Not Verified

custody of vehicle JCB machine be given to the petitioner. The petitioner is Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/4/2023 6:22:21 PM directed not to alienate / sale the vehicle without leave of this court and shall

produce the same as and when required by the authorities.

C.c. as per rules.

                  (S. A. DHARMADHIKARI)                                   (PRANAY VERMA)
                           JUDGE                                              JUDGE

              SS/-




Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 8/4/2023
6:22:21 PM