Anoop Ojha vs Piyush Kumar Ojha
2023 Latest Caselaw 1670 MP

Citation : 2023 Latest Caselaw 1670 MP
Judgement Date : 30 January, 2023

Madhya Pradesh High Court

Anoop Ojha vs Piyush Kumar Ojha on 30 January, 2023

Author: Vijay Kumar Shukla

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                      MCRC No. 4212 of 2023
                                               (ANOOP OJHA AND OTHERS Vs PIYUSH KUMAR OJHA)



                           Dated : 30-01-2023
                                  Shri Vivek Singh- Advocate for the applicant.

                                  this is an application filed under section 482 of the Cr.P.C being
                           aggrieved by the order dated 26.12.2022 passed by the Judicial Magistrate First
                           Class, Manasa District Neemuch in MJCR No.127/2022, whereby, the
                           application filed by the respondent under section 156(3) of the Cr.P.C has been

allowed and the police station Manasa, District Neemuch has been directed to register the FIR against the applicants.

Learned counsel for the applicant submits that without filling the private complaint, the respondent has directly filed the application under section 156(3) of the Cr.P.C. The Magistrate has passed the order under the said provisions without recording the statement of the complainant. The said order is not as per the provisions of the Cr.P.C. In support of his submissions, he has placed reliance on the judgment passed by co-ordinate bench of this Court in the case of Sureshchandra Gondal Vs. Vishnu Dixit reported in 2009 Cr.L.R

(MP) 518.

Issue notice to the respondents by registered mode on admission as well as on IA No.1233/2022 on payment of PF within a week; returnable within four weeks, failing which this application shall stand dismissed without reference to this court.

Till the next date of hearing, the further proceedings in pursuant to the impugned order dated 26.12.2022 shall remain stayed. Signature Not Verified Signed by: SOURABH YADAV Signing time: 30/01/2023 5:53:28 PM

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 30/01/2023 5:53:28 PM