Citation : 2023 Latest Caselaw 7344 MP
Judgement Date : 4 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
MCRC No. 50299 of 2022
(SANDIP SARAFI Vs THE STATE OF MADHYA PRADESH)
Dated : 04-05-2023
Shri Lucky Bijolia appeared for applicant.
Shri Tarun Pagare, learned G.A for the respondent/State.
It was submitted that the trial is pending since 2016, therefore, a status report was called from VIIth ASJ, Ratlam of Session Trial NO.63/2017 arising out of crime No.469/2016 registered at P.S. Dindayal nagar, District - Ratlam
for commission of offences under Section 420, 467, 406, 120B and 34 of IPC and Section 3 of the Prize Chits and Money Circulation Schemes (Banning) Act,1978.
The Trial Court sent a status report and stated that the original record of the Session Trial No.63/2017 has been sent as per the memo of the Registry in M.Cr.C No.19270/2021. Today the matter is listed alongwith record on M.Cr.C No.19270/2021.
The said M.Cr.C is filed by the State under Section 378(3) of Cr.P.C for Leave to Appeal against accused Vijay arising out of Special Case
No.SC/63/2017 decided by Special Judge, POCSO Act, Ratlam by judgment dated 5/1/2021.
It appears that the record of Session Trial No.63/2017 has been wrongly sent in M.Cr.C No.19270/2021. The said M.Cr.C is arising out of different police station and different case number i.e SC/63/2017 registered against accused Vijay whereas the present case relates to accused Sandeep Saraf in Session Trial No.63/2017 in crime no. 469/2016.
In view of the aforesaid, Registry is directed to sent the record of session Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 04-05-2023 18:03:24
trial no.63/2017 immediately back to VIIth ASJ, Ratlam.
At the request of counsel for the applicant, list after ensuing summer vacation for arguments.
(VIJAY KUMAR SHUKLA) JUDGE
Pramod
Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 04-05-2023 18:03:24
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