Devendra Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 12781 MP

                                                        1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                       BEFORE
                                                 JUSTICE SUJOY PAUL
                                             ON THE 8 th OF AUGUST, 2023
                                           WRIT PETITION No. 19864 of 2018

                          BETWEEN:-
                          1.    SAYED MAIRAZ ALI S/O SHRI SAYED ZAMIR ALI,
                                AGED    ABOUT      25 Y E A R S , OCCUPATION:
                                CONSTABLE 290 DISTT. FORCE UMARIA DISTT.
                                UMARIA (MADHYA PRADESH)

                          2.    KRISHAN KAPSE S/O MADHAV RAO KAPSE, AGED
                                ABOUT 24 YEARS, OCCUPATION: CONSTABLE
                                DISTRICT FORCE UMARIA, DISTRICT UMARIA
                                (MADHYA PRADESH)

                                                                                 .....PETITIONERS
                          (BY SHRI JAI SHUKLA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THR.
                                PRINCIPAL SECRETARY HOME DEPARTMENT
                                VALLABH    BHAWAN,  BHOPAL  (MADHYA
                                PRADESH)

                          2.    DIRECTOR,  GENERAL      OF   POLICE BHOPAL
                                (MADHYA PRADESH)

                          3.    SUPERIINTENDET    OF   POLICE  POLICE
                                HEAD QUARTER S DIST. UMARIYA (MADHYA
                                PRADESH)

                                                                                .....RESPONDENTS
                          (BY MS. SHIKHA SHARMA - PANEL LAWYER)
                                                            AND

                                         WRIT PETITION No. 19950 of 2018

                          BETWEEN:-
                          1.    DEVENDRA    CHOUDHARY    S/O   SHRI
                                L.L.CHAOUDHARY, AGED ABOUT 24 YEARS,
Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 8/10/2023
6:43:23 PM
                                                       2
                                OCCUPATION: CONSTABLE 312, DISTT.
                                FORCE UMARIA, DISTT. UMARIA (MADHYA
                                PRADESH)

                          2.    KANAK PANDEY S/O JAI NARAYAN PANDEY,
                                AGED ABOUT 27 YEARS, W/A CONSTABLE 289
                                D I S T R I C T F O R C E UMARIYA (MADHYA
                                PRADESH)

                                                                                     .....PETITIONERS
                          (BY SHRI JAI SHUKLA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL      SECRETARY,     HOME
                                DEPARTMENT, VALLABH BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          2.    DIRECTOR, GENERAL OF POLICE, POLICE
                                H E A D Q U A R T E R S , BHOPAL (MADHYA
                                PRADESH)

                          3.    SUPERINTENDENT OF            POLICE,    UMARIA
                                (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY MS. SHIKHA SHARMA - PANEL LAWYER)

                                These petitions coming on for admission this day, the court passed the
                          following:
                                                               ORDER

Regard being had to the similitude of the question involved, on the joint request of the parties, matters are analogously heard.

The singular point put-forth by Shri Jai Shukla is that this Court was kind enough in staying the departmental enquiry in 2018. The singular reason for grant of stay was that a criminal case founded upon similar facts and evidence is pending before the Court of competent jurisdiction. Shri Shukla submits that the criminal trials in both the cases are at final stage and there is likelihood of passing of judgment in those criminal trials by first week of September, 2023. Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/10/2023 6:43:23 PM

Thus, ad-interim protection granted in these matters may be continued for a period of 35 days from today and with this direction, petitions may be disposed of.

The prayer is opposed by Ms. Shikha Sharma, learned Panel Lawyer. I have heard the parties at length.

The prayer appears to be reasonable. The interim protection is prevailing since 2018. No irreparable harm will be caused if it is continued for yet another 35 days. Resultantly, these petitions are disposed of by directing that the ad- interim protection granted in these matters in 2018 shall remain in operation only till 15th September, 2023.

The petitions are disposed of without expressing any opinion on merits.

(SUJOY PAUL) JUDGE rj

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/10/2023 6:43:23 PM