Rohit Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 21970 MP

Madhya Pradesh High Court

Rohit Shukla vs The State Of Madhya Pradesh on 20 December, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR WP No. 29082 of 2023 (ROHIT SHUKLA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 20-12-2023 Shri Sunil Kumar Mishra - Advocate for the petitioner.

Ms. Shweta Yadav - Government Advocate for the State.

Learned counsel appearing for the petitioner presses for grant of interim relief. It is submitted by him that closure report has been filed before the Judicial Magistrate First Class, Niwadi, District-Tikamgarh. Court took

cognizance for the offences and committed the matter to the Court of Sessions. It is submitted that JMFC cannot take cognizance of offence which are triable by Court of Sessions. He has relied on judgment passed by Supreme Court in the case of Dharam Pal & Others Vs. State of Haryana and Another in CRA No.148/2003.

Considering aforesaid submissions, further proceedings in RCT No. 489/2020 pending before Judicial Magistrate First Class, Niwadi, District- Tikamgarh shall remain stayed till the next date of hearing.

Meanwhile, Government Advocate appearing for the State may file its

reply.

List the matter in week commencing 22.01.2024. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

Date: 2023.12.20 16:52:49 +05'30'

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