Madhya Pradesh High Court
State Of M.P. vs Ramvaran & Ors. on 23 November, 2015
CRA.No. 613/2003
23/11/2015
Shri R.B.S.Tomar, learned Govt. Advocate for the
appellant/State.
Smt. Uma Kushwah, learned counsel for the respondent
No.1.
Shri Arvind Dwivedi, learned counsel for the respondent Nos. 2 to 17.
Respondents No.2, 3, 6, 9, 10, 11 and 16 namely Ramkishan, Jaswant alias Pappu, Harvilas, Pappu alias Nikhra alias Lal Singh , Mendu Baghel, Jaswant Baghele and Gyaram respectively are present in person, identified by their counsel.
Non-bailable warrant issued against respondent No.1- Ramvaran in compliance of the order dated 19.10.2015 is not received back, either served or unserved as such no report is placed by the office on record. Let such warrant report be requisitioned positively within three weeks and placed before the Bench on next hearing.
Counsel of the respondent No.1 apprised us that according to her instruction respondent No.1 - Ramvaran S/o Sugar Singh Baghel is detained in sub-jail Shivpuri in connection with some other criminal case. In such premises, office is directed to secure the presence of the respondent CRA.No. 613/2003 No.1 before this Court through production warrant by fixing a date 05.01.2016. The Superintendent of concerning Jail be also intimated not to release such respondent No.1 even after passing the order of release in such other case unless the direction is given by this Court in the present matter.
Counsel of the respondent No.2 to 17 seeks short adjournment with a fixed date to keep present the aforesaid absented respondents No.4, 5, 7, 8, 12, 15 and 17, with a further permission to withdraw I.A.No.9689/2015, an application for condoning the non-appearance of the respondents as the name of any respondents has not beem narrated, with liberty to file fresh application on behalf of the respondents No.2 to 17 regarding their earlier non-appearance and also non-appearance of respondents who are not present today.
Considering such prayer, the aforesaid I.A. is hereby dismissed as withdrawn, as well as not pressed by extending the liberty aforesaid as prayed by the counsel.
The respondents present are directed to appear in the Registry of this Court firstly on 20th April, 2016, so also on all other dates as are fixed by the office in this regard till disposal of this appeal.
So far as the absented respondents are concerned, respondents counsel is directed to keep them present before CRA.No. 613/2003 the Court on 05.01.2016, failing which their presence be secured through some other mode provided under the law.
Case be listed accordingly on 05.01.2016.
(U.C.Maheshwari) (Sushil Kumar Gupta)
Judge Judge
AK/-