Madhya Pradesh High Court
M/S Parle Agro Private Limited Bhopal ... vs S.S. Pataudi on 5 December, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 5 th OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 53889 of 2022
BETWEEN:-
1. M/S PARLE AGRO PRIVATE LIMITED BHOPAL
UNIT 44-45-46, NEW INDUSTRIAL AREA, ZONE-II,
GOHARGANJ, MANDIDEEP, RAISEN (MADHYA
PRADESH)
2. NANDKISHORE SHARMA S/O OMPRAKASH
SHARMA OCCUPATION: SERVICE 44-45-46, NEW
INDUSTRIAL AREA, ZONE-II, GOHARGANJ,
MANDIDEEP, DISTRICT RAISEN (MADHYA
PRADESH)
.....PETITIONERS
(SENIOR ADVOCATE SHRI V.K.JAIN WITH SHRI KESHAV KHANDELWAL,
LEARNED COUNSEL FOR THE PETITIONERS)
AND
S.S. PATAUDI FOOD INSPECTOR INDORE MUNICIPAL
CORPORATION, INDORE (MADHYA PRADESH)
.....RESPONDENT
(SHRI MANU MAHESHWARI, LEARNED COUNSEL FOR THE
RESPONDENT [R-1])
This application coming on for admission this day, the court passed the
following:
ORDER
T h e petitioners have filed the present petition under Section 482 of Cr.P.C. for setting aside the order dated 05.11.2022 passed by Judicial Magistrate First Class, Indore (M.P.) in case no. RCT 2620668/2008 (S.S. Pataudi, Indore Municipal Corporation Vsyogesh and Other), whereby the learned Magistrate while refusing the prayer for grant of time to the petitioner Signature Not Verified Signed by: AMIT KUMAR Signing time: 06-12-2022 18:55:35 2 No.2 on the ground of serious health problem, has also directed forfeiture of bail-bonds, arrest under warrant and also imposing fine on the police officer concerned in case the warrant is not executed and the non-bailable warrant against the petitioner No. 2 be stayed till the final disposal of this Revision.
Learned counsel for the petitioner submits that petitioner No.2 was suffering from serious ill health and due to ailment he was unable to remain personally present before the Trial Court on 05.11.2022. When the case was fixed for examination of accused under Section 313 of Cr.P.C. It is also admitted that the medical report was also filed before Trial Court but trial Court dismissed the application filed under Sections 317 and 309 of Cr.P.C. filed by petitioner. In support of the contentions, learned counsel for the petitioner has filed medical documents as well as the proceedings of the learned trial Court. Under these circumstances, learned counsel for the petitioner prays for setting aside the order dated 05.11.2022 passed by the learned trial Court.
Learned counsel for the Respondent has opposed the prayer by submitting that the proceedings of the learned trial Court itself reflects that the petitioner is habitual not to mark his presence before the trial Court and the case was pending on the issue of framing of charges due to the petitioner himself, hence prays for dismissal of the petition.
I have heard the learned counsel for the parties and perused the record. The proceedings of trial Court was that charges were framed on 11th October 2022 and on 15th October 2022 chief examination in evidence of the charge has been recorded and right to cross-examination was closed the case was fixed for accused statement on 20th October 2022 but case was taken on 19th October 2022 and on request of applicants the case was fixed on 29th Signature Not Verified Signed by: AMIT KUMAR Signing time: 06-12-2022 18:55:35 3 October 2022. Learned 19th Additional Sessions Judge has set aside the order of closing of evidence in CRR No. 480/2022, then petitioner had given opportunity to cross examined the witnesses and on 31st October 2022 cross- examination was concluded and case was fixed for statement of accused under Section 313 of Cr.P.C. on 5.11.2022.
On perusal of proceedings of trial Court, it is evident that application filed by the petitioner is supported with medical documents and due to ailment he was unable to appear before the trial Court in person. In the interest of justice, a chance is required to be given to the petitioner. Hence, in view of the aforesaid, the petition filed by the petitioner is allowed and the order dated 05.11.2022 stands set aside.
It is directed that petitioner shall remain present in person before the Trial Court on 13.12.2022. On that day, the learned trial court shall examine the accused under Section 313 of Cr.P.C. If petitioner shall not present in person before the trial Court on the above date, the trial court is free to proceed further according to law to secure the presence of petitioner.
It is also made clear that no further adjournment shall be granted to the petitioner, in any case.
With the aforesaid, the petition stands allowed and disposed of. Certified copy, as per rules.
(RAJENDRA KUMAR (VERMA)) JUDGE vatan Signature Not Verified Signed by: AMIT KUMAR Signing time: 06-12-2022 18:55:35