Vishram Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16947 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       WP No. 18971 of 2018
                                        (VISHRAM SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 11-10-2023
                                 Mr. Ghanshyam Sharma - Advocate for petitioner.

                                 Mr. H.K. Gohlani - Panel Lawyer for State.


                                 This Court by order dated 23.10.2021 had deferred the matter in the light
                           of pendency of Writ Appeal No.815 of 2017.
                                 It is submitted by counsel for respondents that against an order passed in

the light of State of Punjab & Others Vs. Rafiq Masih (Whitewasher) and others reported in (2015) 4 SCC 334, the State had filed an S.L.P. vide Diary No.34048 of 2017 which has been dismissed.

Considered the submissions made by counsel for parties. It is further submitted that matter is pending under reference before Full Bench of this Court with regard to applicability of judgment passed by the Supreme Court in the case of Rafiq Masih (supra). It is further submitted that judgment passed by the Supreme Court in the case of High Court of Punjab and Haryana and others Vs. Jagdev Singh reported in (2016) 14 SCC 267,

may apply.

Heard learned counsel for the parties. It is well established principle of law that merely because a judgment has been referred, it does not mean that it ceases to hold field. Therefore, respondents are directed to positively file their return within a period of four weeks from today.

List thereafter.

Signature Not Verified Signed by: JULIE SINGH Signing time: 13-10-2023 13:26:31

(G.S. AHLUWALIA) JUDGE julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 13-10-2023 13:26:31