Rohit Pawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12664 MP

                                                            1

                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                   CHIEF JUSTICE
                                                         &
                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                ON THE 7 th OF AUGUST, 2023
                                           CRIMINAL REVISION No. 3627 of 2019

                          BETWEEN:-
                          ROHIT PAWAR S/O SHRI RAJPAL SINGH PAWAR, AGED
                          ABOUT 28 YEARS, R/O SHANTI NAGAR, DISTRICT
                          HOSHANGABAD (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI SOURABH KUMAR SONI - ADVOCATE)

                          AND
                          1.      THE STATE OF MADHYA PRADESH THROUGH P. S.
                                  DEHAT, DISTRICT HOSHANGABAD (MADHYA
                                  PRADESH)

                          2.      KIRAN UPADHAYAY @ OMWATI SANDILAY WD/O
                                  LATE JASWANT SANDILYAY, AGED ABOUT 60
                                  YEAR S , R/O WARD NO. 29, SINDHI COLONY,
                                  GWALTOLI, HOSHANGABAD (MADHYA PRADESH)

                                                                                    .....RESPONDENTS


                                  This revision coming on for admission this day, Hon'ble Shri Justice
                          Ravi Malimath, Chief Justice passed the following:
                                                             ORDER

Shri Yogesh Dhande - Public Prosecutor takes notice for respondent No.1.

Ms. Ghuncha Rasool - Advocate takes notice for respondent No.2. Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 8/10/2023 12:14:26 PM

Heard learned counsels.

I.A.No.14863 of 2023 is an application to stay the proceedings of Sessions Trial No.22 of 2019 pending before the Second Additional Sessions Judge, Narmadapuram for offence punishable under Sections 420, 423, 467, 468, 471 and 120-B of the IPC. The same is objected by the counsels for the respondents.

The material on record would indicate that a fabricated sale-deed was executed in favour of the petitioner herein. Thereafter, proceedings were initiated and charges have been framed against the petitioner herein for offence punishable under Sections 467 read with 120-B, 468 read with 120-B, 423 read

with 120-B, 471 read with 120-B and 420 read with 120-B of the IPC. The order of cancellation of bail dated 25.02.2020 passed by this Court in MCRC No.28761 of 2018 was challenged by the petitioner herein before the Hon'ble Supreme Court in Criminal Appeal No.667 of 2021. While setting aside the order of cancellation of bail, the Hon'ble Supreme Court have directed that while withdrawing Civil Appeal No.934 of 2020 filed against the judgment and decree dated 22.10.2020 in Civil Suit No.148A of 2017, the said judgment and decree dated 22.10.2019 passed in Civil Suit No.148-A of 2017 which declared the sale-deed to be void would be accepted and the ownership would be returned to the complainant. Therefore, we are of the view that these are appropriate proceedings which need to go on. Prima facie we do not find any reason as to why criminal proceedings should be stayed in a matter of this magnitude. Hence, the application for stay is rejected.

Since the matter is pending due consideration for a long period of time, the trial Court to ensure expeditious disposal of the trial as early as possible.

Signature Not Verified Since no other contentions are advanced, we do not find any reason to keep the Signed by: CHRISTOPHER PHILIP Signing time: 8/10/2023 12:14:26 PM

matter pending. Hence, the criminal revision is disposed off with the aforesaid observations.

                              (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                CHIEF JUSTICE                                            JUDGE
                          C




Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 8/10/2023
12:14:26 PM