Randeep Kaur (Dead) Through Her ... vs Smt. Santosh Sharma
2023 Latest Caselaw 9780 MP

                                    1
 IN     THE        HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                        ON THE 28 th OF JUNE, 2023
                 MISC. CRIMINAL CASE No. 44088 of 2020

BETWEEN:-
RANDEEP KAUR (DEAD) THROUGH HER HUSBAND
MAHENDRA SINGH S/O BHAJAN SINGH, AGED ABOUT
34   YEARS, OCCUPATION: AGRICULTURIST, R/O
VILLAGE ITMA TEHSIL CHINNOR, DISTRICT GWALIOR
(MADHYA PRADESH)

                                                                  .....PETITIONER
( BY SHRI ANIL KUMAR MISHRA AND MS. HARSHITA MISHRA-
ADVOCATES).

AND
1.    SMT. SANTOSH SHARMA W/O SHRI PREM
      SHARM A HARIOM COLONY MORAR, DISTRICT
      GWALIOR (MADHYA PRADESH)

2.    STATE OF MADHYA PRADESH THROUGH
      STATION HOUSE OFFICER POLICE STATION
      KARHAIYA,  DISTRICT GWALIOR (MADHYA
      PRADESH)

                                                                .....RESPONDENTS
( SHRI PPS VAJEETA - PP FOR RESPONDENT NO. 2/STATE).

      This application coming on for admission this day, the court passed
the following:
                                     ORDER

Petitioner has filed this petition under Section 482 of Cr.P.C. being aggrieved by order dated 22/10/2020 passed by Second Additional Sessions Judge, Dabra, District Gwalior in Criminal Revision No. 2099/2020; whereby, order dated 25/8/2020 passed by SDM, Bhitarwar in Case No. 04/2020/145 has been inclined to be interfered being interlocutory in nature.

Briefly stated facts of the case are that at the instance of respondent No. 1, proceedings under Section 145 Cr.P.C. were drawn against the petitioner before the SDM, Bhitarwar, which were later on dropped by the order dated 14/7/2020 in the light of order dated 25/7/2018 passed by this Court in M.P. No. 2654/2018. On 25/8/2020, the SDM again started proceedings of the case on the premises that the petitioner herein had given the wrong information on the basis of which proceedings were dropped earlier. He also restored its order passed on 21/4/2020 under Section 146 of Cr.P.C. regarding attachment and Supurdgi of the crops. Against the said order, a criminal revision was filed by the petitioner which was dismissed by the impugned order dated 22/10/2020 by

Second Additional Sessions Judge, Dabra, Gwalior holding the aforesaid order dated 25/8/2020 to be interlocutory in nature.

It is the submission of learned counsel for the petitioner that though the SDM Court has passed the order on the basis of fact that the case (M.P.No. 2654/2018) in which the stay order was passed and parties were directed to maintain status quo itself got dismissed by judgment and decree dated 19/8/2020 on the ground that Civil Suit preferred by petitioner has been dismissed vide order dated 14/2/2020; however, challenging the said order passed in Civil Suit, petitioner preferred a RCA vide No. 13-A/2020 which stood allowed vide judgement and decree 14/10/2022 by IV Additional District and Sessions Judge, Dabra, District Gwalior. Therefore, it is prayed that position as it was be restored in his favour and proceedings under Section 145 of Cr.P.C. be dropped against him.

On the other hand, learned counsel for the State argued in support of impugned orders and prayed for dismissal of the petition.

It is an admitted fact that civil suit was dismissed however, appeal arising from the judgment and decree passed in civil suit was allowed and earlier this Court by order dated 25/7/2018 had ordered for maintain status quo in M.P.No. 2654/2018. Secondly, the SDM has passed the order impugned taking recourse to Section 32 of MPLRC while the provisions of MPLRC are not applicable in the proceedings under Section 145 of Cr.P.C. Therefore, in the opinion of this Court SDM, Bhitarwar erred in passing order dated 25/8/2020 and learned Sessions Court also erred in not entertaining the same being interlocutory in nature.

In the result, the petition is allowed and impugned orders are hereby quashed.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7 633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB21 93780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2 D8C01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2023.07.01 09:50:16 +05'30'