Mahesh Ramani vs Roji Dhigra
2023 Latest Caselaw 3991 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR MCRC No. 48764 of 2018 (MAHESH RAMANI Vs ROJI DHIGRA)

Dated : 14-03-2023 Shri T.K.Modh - Advocate for the applicant.

Heard on I.A.No.16161/2022, an application for extension of interim order passed by a co-ordinate Bench of this Court on 05.12.2018.

In the instant petition under Section 482 of Cr.P.C the applicant has challenged the order dated 25.10.2018 whereby the Additional Sessions Judge,

Jabalpur in Criminal Revision No.241/2018 affirmed the order passed by JMFC, Jabalpur dated 12.07.2018 whereby the application filed by applicant/complainant under Section 65 of Evidence Act stating that all disputed documents should be considered as secondary evidence, has been rejected. Alongwith petition the applicant has also filed an application for grant of stay being I.A.No.20520/2018.

This Court on 05.12.2018 while issuing notice, also considered aforesaid application for stay and as an interim measure, directed that trial Court may proceed with the trial but shall not pronounce the judgment till next date of

hearing.

The applicant has now filed application for extension of interim order dated 05.12.2018 for a period of six months stating that complaint case was fixed for 03.08.2022 and 10.08.2022. On the said date, the trial Court observed that in view of decision in the case of Asian Referencing of Road Agency Pvt.Ltd. Vs. Central Bureau of Investigation [Criminal Revision No.1375- Signature Not Verified SAN

76/2103], the interim order dated 05.12.2018 has already come to an end on Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.17 10:06:18 IST expiry of six months unless in exceptional cases by a speaking order, such stay

is extended.

Trial Court vide aforesaid orders dated 03.08.2022 and 10.08.2022 directed the applicant to produce copy of extension of interim order. In view of aforesaid, the applicant is praying that interim order dated 05.12.2018 may kindly be further extended for a period six months.

Considering the above facts and circumstances of the case, this Court thinks it appropriate to extend the interim order dated 05.12.2018 only for a period of one month from today.

I.A.No.16161/2022 is disposed of.

List the case on 18.04.2023.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.17 10:06:18 IST