Madhya Pradesh High Court
Dulichand vs The State Of Madhya Pradesh on 25 April, 2018
1
THE HIGH COURT OF MADHYA PRADESH
CRA No.4882/2017
Indore, dated :25/04/2018
Parties through their counsel.
List alongwith CR.A.No.1709/2017.
(S.K. Awasthi)
Judge
praveen
Digitally signed by PRAVEEN KUMAR NAYAK
Date: 2018.04.27 18:43:32 +05'30'
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.11064/2018
Indore dated :25/04/2018
Shri Balendu Dwivedi, learned counsel for the
applicant.
Shri Pankaj Wadhwani, learned Govt. Advocate for
the respondent/State.
This application under Section 482 of the Cr.P.C. has been filed for restoration of M.Cr.C. No. 28772/2017, which has been dismissed in default for non compliance of order dated 16.02.2018.
For the reasons assigned in the application, which is supported with the affidavit,the present petition under Section 482 of the Cr.P.C. is allowed, subject to depositing cost of Rs.500/- in the High Court Legal Services Committee, Indore. M.Cr.C. No. 28772/2017 be restored to its original number.
With the aforesaid, this petition stands disposed of. A copy of this order be placed in the record of M.Cr.C. No. 28772/2017.
Certified copy, as per rules.
(S. K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH CRA No.1933/2018 Indore, dated :25/04/2018 Shri Sanjay Sharma, learned counsel for the appellant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Vide order dated 02.04.2018, concerning SHO was directed to produce the case-diary on the next date of hearing and explain the reasons which prevented him to produce the case-diary. Inspite of aforesaid order, today, neither case-diary is produced nor SHO is present before this court.
Let non bailable warrant be issued against concerning SHO for securing his presence before this Court on 02.05.2018.
List on 02.05.2018.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH CRA No.1809/2018 Indore, dated :25/04/2018 Shri Vivek Singh, learned counsel for the appellant.
Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
Case-diary is not available. Vide order dated 02.04.2018, concerning SHO was directed to produce the case-diary on the next date of hearing and explain the reasons which prevented him to produce the case-diary. Inspite of aforesaid order, today, neither case-diary is produced nor SHO is present before this court.
Let non bailable warrant be issued against concerning SHO for securing his presence before this Court on 02.05.2018.
List on 02.05.2018.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.11746/2018 Indore, dated :25/04/2018 None for the applicant, even in second round. Shri Pankaj Wadhwani, learned Govt. Advocate for the respondent/State.
In the first round, when the matter was called up for hearing, no one gave appearance on behalf of the applicant. In the interest of justice, the matter was passed over.
After pass over, when the case was taken up in the second round, then also no one gave appearance on behalf of the applicant, which indicates that the applicant is no longer interested in prosecuting his case.
Accordingly, this petition filed under section 439 of Cr.P.C. is hereby dismissed for want of prosecution.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.14472/2018 Indore, dated :25/04/2018 Shri Nilesh Kumar, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Public Prosecutor for the respondent/State is directed to verify the factum marriage of the applicant's sister, which is scheduled to be held on 29.04.2018.
List on 27.04.2018.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.10853/2018 Indore, dated :25/04/2018 None for the applicant.
Shri Pankaj Wadhwani, learned Public Prosecutor for the respondent/State.
In the absence of the learned counsel for the applicant, the case is adjourned.
List after two weeks.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH CRR No.3671/2017 Indore, dated :25/04/2018 Rakesh Kumar Sharma, learned counsel for the appellant.
Shri Pankaj Wadhwani, learned Public Prosecutor for the respondent/State.
Learned counsel for the appellant prays for and is granted two weeks time to argue on I.A.No.24191/2017, an application U/s 397 (2) of Cr.P.C. for suspension of sentence.
List after two weeks.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH CRA No.4178/2017 Indore, dated :25/04/2018 None for the applicant.
Shri Pankaj Wadhwani, learned Public Prosecutor for the respondent/State prays for and is granted time to file reply on I.A.No.1657/2018 an application under Section 389 (1) of the Cr.P.C of appellant- Raju @ Rajesh.
List in the the week commencing from 07.05.2018.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH CRA No.722/2018 Indore, dated :25/04/2018 Shri Neeraj Choudhary, lecarned counsel for the applicant.
Shri Pankaj Wadhwani, learned Public Prosecutor for the respondent/State prays for and is granted two week time to file reply on I.A.No.2025/2018 an application under Section 389 (1) of the Cr.P.C of appellant- No.2 Govind.
List after two week.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH CRA No.4754/2017 Indore, dated :25/04/2018 Shri Lokesh Mehta, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Public Prosecutor for the respondent/State prays for and is granted a week time to file reply on I.A.No.23443/2017, an application under Section 389 (1) of the Cr.P.C of appellant- Pushpak Dhole.
List after a week.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.7134/2015 Indore, dated :25/04/2018 Shri Sudeep Bhargava, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned Public Prosecutor for the respondent/State prays for and is granted two weeks to file reply.
List alongwith M.Cr.C.No.7434/2015. I.R. To continue till the next date of hearing.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH CR.A. No.332/2014 Indore, dated :25/04/2018 Shri Roopesh Khare, learned counsel for the appellant.
Shri Pankaj Wadhwani, learned Public Prosecutor for the respondent/State submits that he will file the reply during the course of the day.
List in the next week.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10853/2018 Indore, dated :23/04/2018 Shri Sanjay Kumar Sharma, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
As prayed by learned counsel for the applicant, list on 25.04.2018.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10080/2018 Indore, dated :23/04/2018 Shri Nilesh Dave, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
This is the repeat (third) bail application under Section 439 Cr.P.C. for grant of bail in connection with Crime No.341/2016, registered at Police Station- Shamgarh, District- Mandsaur, for commission of the offence punishable under Sections 394, 397, 307 & 120-B of I.P.C r/w sections 25 and 27 of the Arms Act.
After arguing for sometime, learned counsel for the applicant seeks permission to withdraw this petition filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, the petition is dismissed as withdrawn.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8980/2018 Indore, dated :23/04/2018 Shri Manish Yadav learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted time to argue the matter.
List in the in the next week.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10892/2018 Indore, dated :23/04/2018 Shri Manoj Saxena, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
This is the repeat (third) bail application under Section 439 Cr.P.C. for grant of bail in connection with Crime No.197/2017, registered at Police Station- Dewas Gate, District- Ujjain, for commission of the offence punishable under Section 379 of I.P.C.
After arguing for sometime, learned counsel for the applicant seeks permission to withdraw this petition filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, the petition is dismissed as withdrawn, however, is directed to conclude the trial as early as possible.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11113/2018 Indore, dated :23/04/2018 S.K. Meena, learned counsel for the applicant. Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
This is the repeat (third) bail application under Section 439 Cr.P.C. for grant of bail in connection with Crime No.3/2014, registered at Police Station- NCB, District- Indore, for commission of the offence punishable under Sections 8/22, 9 (A) 28, 25, 29 and 60 of the N.D.P.S.Act After arguing for sometime, learned counsel for the applicant seeks permission to withdraw this petition filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, the petition is dismissed as withdrawn.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11279/2018 Indore, dated :23/04/2018 Shri Jitendra Bajpai, learned counsel for the applicnat.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Case diary is not available. Learned Public Prosecutor is directed to produce the case-diary positively on the next date of hearing, failing which the concerning SHO shall remain present in person before this Court.
List in the next week.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11631/2018 Indore, dated :23/04/2018 None for the applicant, even in second round. Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
On earlier occasion on 09.04.2018 also none appeared on behalf of the applicant, which indicates that the applicant is no longer interested in prosecuting this petition.
Accordingly, this petition filed under section 439 of Cr.P.C. is hereby dismissed for want of prosecution.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10676/2018 Indore, dated :23/04/2018 Shri L. Sethia, learned counsel for the applicant. Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant submits that charge sheet has already been filed but he has not received the copy of charge sheet, hence, he prays for time to argue the matter.
Prayer is allowed.
List in the week commencing from 07.05.2018.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10041/2018 Indore, dated :23/04/2018 Shri Manish Yadav, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for time to file certain documents.
Prayer is allowed.
List after two weeks.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9267/2018 Indore, dated :23/04/2018 Shri Anil Ojha, learned counsel for the applicant. Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
This is the repeat (Seventh) bail application under Section 439 Cr.P.C. for grant of bail in connection with Crime No.195/2016, registered at Police Station- Kukdeshwar, District- Neemuch, for commission of the offence punishable under Sections 294, 323, 324, 325, 506, 307, 34 of I.P.C.
After arguing for sometime, learned counsel for the applicant seeks permission to withdraw this petition filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, the petition is dismissed as withdrawn.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9039/2018 Indore, dated :23/04/2018 Shri G. Verma, learned counsel for the applicant. Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for and is granted two weeks time to argue the matter.
List thereafter.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13596/2018 Indore, dated :23/04/2018 Shri Nilesh Manore, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
This is the repeat (Forth) bail application under Section 439 Cr.P.C. for grant of bail in connection with Crime No.263/2017, registered at Police Station- Susner, District- Agar, for commission of the offence punishable under Section 34 (2), 36 and 46 of M.P. Excise Act, 1915 .
After arguing for sometime, learned counsel for the applicant seeks permission to withdraw this petition filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, the petition is dismissed as withdrawn, however, the trial court is directed to conclude the trial as early as possible.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13466/2018 Indore, dated :23/04/2018 Shri Rakesh Sharma, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant submits that the applicant has already been acquitted by the trial court, therefore, the present petition is rendered infructuous.
Accordingly, the petition is dismissed as having been rendered infructuous.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.14963/2018 Indore, dated :23/04/2018 Shri Ashish Sharma, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
This is the first bail application under Section 439 Cr.P.C. for grant of bail in connection with Crime No.313/2016, registered at Police Station- MIG, District- Indore, for commission of the offence punishable under Sections 306, 341, 323/34 120-B, 212 of IPC and 25 of Arms Act.
After arguing for sometime, learned counsel for the applicant seeks permission to withdraw this petition filed under Section 439 of the Cr.P.C.
Prayer is allowed.
Accordingly, the petition is dismissed as withdrawn.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11933/2018 Indore, dated :23/04/2018 Shri Vivek Singh, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Learned counsel for the applicant prays for time to file certain documents.
Prayer is allowed.
List in the next week (S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11241/2018 Indore, dated :23/04/2018 Parties through their counsel. List alongwith W.P.No.12465/2018.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.12465/2018 Indore, dated :23/04/2018 Shri Manish Yadav, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Learned counsel for the respondent/State is directed to comply with the order dated 02.04.2018, failing which the concerning SHO shall remain present in person before this Court on the next date of hearing.
List in the next week.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.12159/2018 Indore, dated :23/04/2018 Shri Ajay Jain, learned counsel for the applicant. Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
Case diary is not available. Learned Public Prosecutor is directed to produce the case diary positively on the next date of hearing, failing which the concerning SHO shall remain present in person before this Court on the next date of hearing.
List in the next week.
(S.K. Awasthi) Judge praveen 1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.12401/2018 Indore, dated :23/04/2018 Shri Amit Bhatia, learned counsel for the applicant.
Shri Abhishek Soni, learned Govt. Advocate for the respondent/State.
As prayed by learned Public Prosecutor, list on 24.04.2018.
(S.K. Awasthi) Judge praveen The S.H.O. Concer4ned shall remain present before this court to explain the reasons as to why the case diary of the