Ashish Jadhav vs The State Of Madhya Pradesh
2024 Latest Caselaw 4792 MP

Madhya Pradesh High Court

Ashish Jadhav vs The State Of Madhya Pradesh on 19 February, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                  ON THE 19 th OF FEBRUARY, 2024
               MISC. CRIMINAL CASE No. 6655 of 2024

BETWEEN:-
ASHISH JADHAV S/O DAMAJI RAO JADHAV, AGED
ABOUT 42 YEARS, OCCUPATION: PRIVATE SERVICE R/O
KANGHI WALA MOHALLA MADHAVGANJ LASHKAR
DISTRICT GWALIOR (MADHYA PRADESH)

                                                            .....PETITIONER
(BY SHRI ARUN PATERIYA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION      MADHAVGANJ DISTRICT  GWALIOR
(MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI RAJEEV UPADHYAY - GOVERNMENT ADVOCATE)
(SHRI NAKUL KHEDKAR - ADVOCATE )

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

1. Heard on I.A.No.3665/2024, an application under Section 301 (2) of Cr.P.C. to assist the Government Advocate.

2. On due consideration, the same is allowed.

3. Shri Nakul Khedkar, Advocate and his associates are permitted to assist the Government Advocate.

4. It is the submission of counsel for the petitioner that he is apprehending his arrest and according to him, instead of issuing notice under Section 41(A) of Cr.P.C. they are trying to arrest him. He relied upon the

judgment of Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and in the case of Satendra Kumar Antil Vs. CBI, 2021 SCC Online SC 922.

5. Learned counsel for the respondent/State fairly submits that only notice under Section 41(A) of Cr.P.C. is issued and petitioner has to cooperate in investigation.

6. At this juncture, learned counsel for the petitioner fairly submits that if notice is issued then he is ready to accept the notice and would participate in investigation.

7. Considering the submissions and the fact that offence is prima facie

under Section 420/406 of IPC and as per the mandate of Apex Court in the case of Arnesh Kumar (supra) and Satendra Kumar Antil (supra) notice under Section 41(A) of Cr.P.C. is to be given.

8. Petitioner has to cooperate in the investigation and Investigating Officer shall proceed as per law mandated by Apex Court in the cases referred above.

9. Petition is disposed of in above terms.

(ANAND PATHAK) JUDGE Ashish*

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

CHAUR PRADESH BENCH GWALIOR, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4d e08c6bb9303e52e2e7e728d9bac85bd3, postalCode=474001, st=Madhya Pradesh, serialNumber=A926F3CBF979ECA6A4C477577E EDBA3AB4F94593A930B98DAE1B0AD16F90B5F

ASIA D, cn=ASHISH CHAURASIA Date: 2024.02.19 19:02:31 -08'00'