Farhan vs The State Of Madhya Pradesh
2024 Latest Caselaw 6530 MP

Madhya Pradesh High Court

Farhan vs The State Of Madhya Pradesh on 4 March, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 4 th OF MARCH, 2024
                                          MISC. CRIMINAL CASE No. 6405 of 2024

                           BETWEEN:-
                           FARHAN S/O MOHAMMAD ALI KHAN OCCUPATION:
                           BUSINESS R/O 11/12 BEHIND BOURBON SCHOOL
                           CHURH ROAD, HUZUR, BHOPAL (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI GAURAV KUMAR VERMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH P.S. SONKATCH, (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI SHASHIKANT BHATI - P.L.
                           SHRI ASHISH GUPTA - ADVOCATE FOR THE OBJECTOR)

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

This is first bail application under Section 438 of Cr.P.C for grant of anticipatory bail in connection with crime No.46/2023 dated : not mentioned, registered at P.S. - Sonkatch District - Dewas for offences punishable under Sections 420 of IPC.

2 . Counsel for the applicant submits that the police has not complied with the directions issued by the Apex Court in the case of Arnesh Kumar vs. State of Bihar & Anr. reported in (2014) 8 SCC 273.

3. Counsel for the State does not dispute the aforesaid fact that the notice

as required by the said judgment has not been served to the applicant.

4. Counsel for the objector opposes the prayer and prays for dismissal of the application.

5 . After hearing learned counsel for the parties, the present petition is disposed off with a direction that the applicant shall appear before the investigating officer on 13/3/2024 and the investigating officer after serving a notice to the applicant shall proceed in accordance with the directions as issued by the Apex Court in the case of Arnesh Kumar (supra).

(VIJAY KUMAR SHUKLA) JUDGE PK