Shabbir Husain Badwai Wala vs The State Of Madhya Pradesh
2023 Latest Caselaw 19730 MP

Citation : 2023 Latest Caselaw 19730 MP
Judgement Date : 24 November, 2023

Madhya Pradesh High Court

Shabbir Husain Badwai Wala vs The State Of Madhya Pradesh on 24 November, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     MCRC No. 52452 of 2023
                            (SHABBIR HUSAIN BADWAI WALA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 24-11-2023
                                 Shri Ibrahim Kannodwala - Advocate for petitioner.

                                 Shri Ajay Raj Gupta - PL for respondent No.1.

The petitioner has challenged the orders dated 4.7.2023 passed by Magistrate and also order dated 2.11.2023 passed by V Addl. Sessions Judge in Cr.R.No.87/2023 whereby his application u/S.156(3) Cr.P.C for further investigation has been rejected. The trial court has dismissed the revision on the

ground that the cognizance of the offence has already been taken by the Magistrate and the case has been committed to the Sessions Court.

Counsel for petitioner submits that the aforesaid view is contrary to the law laid down by the Apex Court in the case of Vinubhai Haribhai Malaviya and Ors. Vs. The State of Gujarat& Ors. decided by the Apex Court on 16.10.2019 in Cr.Appeal No.478-479/2017. In support of his submission he placed reliance on para 38 of the said judgment in which it is stated that the criminal trial does not begin after cognizance is taken but it begin only after charges are framed.

Issue notice on admission as well as on IA No.17820/2023 for stay on payment of PF within seven working days by registered a/d with due acknowledgement returnable within four weeks failing which the petition shall stand dismissed without reference to the court.

It is argued that if the charges are framed this application u/S.156(3) Cr.P.C for further investigation would render infructuous.

Till the next date of hearing, further proceedings of ST No.213/2023

pending before Principal District & Sessions Judge, Ujjain shall remain stayed.

c.c as per rules.

(VIJAY KUMAR SHUKLA) JUDGE