Vivek vs The State Of Madhya Pradesh
2024 Latest Caselaw 16568 MP

Madhya Pradesh High Court

Vivek vs The State Of Madhya Pradesh on 6 June, 2024

Author: Anil Verma

Bench: Anil Verma

                               1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                        M.CR.C. No. 19231 of 2024
                (VIVEK VS. THE STATE OF MADHYA PRADESH)

Dated : 06-06-2024
        Shri S.K. Vyas Senior Advocate with Shri L.S. Chandiramani
Advocate for applicant.
         Shri Santosh Singh Thakur Government Advocate for State.
         Counsel for State submits that case diary is not available.
        Both the parties heard on IA No. 7417/2024 which is an
application for interim stay.
        Learned counsel for applicant submits that vide order dated
18.3.2024 passed in M.Cr.C. No. 10615/2024, the coordinate Bench of
this Court has directed that in view of the judgment of Hon'ble Apex
court in case of Arnesh Kumar Vs. State of Bihar reported in (2014)
8 SCC 273 the respondent may issue notice to applicant under section

41(A) of Cr.P.C. and may proceed in accordance with the law, but despite of application filed by applicant before the Investigating officer for intimating him about the place, where should appear, he was not informed by the I.O. and he has been wrongly shown as abscond in the charge sheet filed against him. Therefore, this court may pass interim order that no coercive action be taken against the applicant and proceedings pending against him may be stayed till final disposal of this case.

Counsel for state opposes the prayer by submitting that despite all possible efforts, the applicant could not be traceable therefore, notice could not be served upon him and accordingly charge sheet has been filed against him being shown as abscond.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

(VIVEK VS. THE STATE OF MADHYA PRADESH)

Heard learned counsel for the parties and perused the record. From perusal of the record it appears that applicant is not named in the FIR, and later on he has been implicated in this offence on the basis of memorandum under section 27 of Evidence Act given by co-accused persons, despite submission of application of applicant, no notice has been served on applicant by the I.O. under Section 41(A) of Cr.P.C.

In view of the aforesaid, it is directed that till final disposal of this M.Cr.C., no coercive action shall be taken against the applicant in pursuance to the offence registered vide crime No. 65/2024 at police station Sardarpur District Dhar.

List after four weeks.

C.C. as per rules.

(ANIL VERMA) V. JUDGE BDJ

BHUNESHWAR DATT 2024.06.07 11:12:08 +05'30'