Madhya Pradesh High Court

Rajiv Gupta vs The State Of Madhya Pradesh on 9 May, 2024

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                              1
                            IN       THE      HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                    ON THE 9 th OF MAY, 2024
                                            MISC. CRIMINAL CASE No. 18835 of 2024

                           BETWEEN:-
                           RAJIV GUPTA S/O SHRI RAMESH CHANDRA GUPTA,
                           AGE 47 YEARS, R/O RAILWAY STATION POHARI MARG,
                           WARD NO. 10 HANUMAN COLONY SHIVPURI (MADHYA
                           PRADESH)

                                                                                            .....APPLICANT
                           (SHRI VIVEK KUMAR VYAS- ADVOCATE FOR APPLICANT)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI DISTRICT SHIVPURI (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (MS. KALPANA PARMAR- PANEL LAWYER FOR RESPONDENT- STATE)

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

IA No.9360 of 2024, an application moved on behalf of applicant for taking additional documents on record, is allowed. Documents are taken on record.

This first application has been filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.301 of 2024 registered at Police Station Kotwali, Shivpuri, District Shivpuri (M.P.) for offence punishable under Section 420 of IPC.

Learned Counsel for the applicant requests to withdraw this application.

H e further requests that a direction may be issued to the Investigation Officer/Trial Court to comply with the directions of the Supreme Court in cases of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, Satender Kumar Antil Vs. Central Bureau of investigation (2022) 10 SCC 51 and Notification No.A/5666/III-2-9/40 Pt-I F.No.15 dated 20/09/2023 issued by High Court of Madhya Pradesh, Jabalpur.

Request accepted.

This application is dismissed as withdrawn with the direction that the Investigation Officer/Trial Court shall ensure strict compliance with the

guidelines and directions laid down in cases of Arnesh Kumar and Satender Kumar Antil (Supra) as well as in the light of aforesaid notification issued by High Court of Madhya Pradesh and Para 9 and 10 of judgment of Siddharth vs. State of Uttar Pradesh & Another, reported in (2022) 1 SCC 676 and Amanpreet Singh Vs. CBI 2022 (13) SCC 764.

C.C. as per rules.

(SANJEEV S KALGAONKAR) JUDGE MKB