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Dharmendra Kumar Paliwal vs The State Of Madhya Pradesh on 20 April, 2022

Bench: Chief Justice, Krishna Murari, Hima Kohli

                                                      1

             ITEM NO.13                         COURT NO.1                SECTION II­A

                                   S U P R E M E C O U R T O F       I N D I A
                                           RECORD OF PROCEEDINGS

                          Petition for Special Leave to Appeal (Crl.)     No.32/2022

     (Arising out of impugned final judgment and order dated 09­09­2021
     in MCRC No. 44598/2021 passed by the High Court of M.P. at Gwalior)

     DHARMENDRA KUMAR PALIWAL                                            Petitioner(s)

                                                     VERSUS

     THE STATE OF MADHYA PRADESH & ANR.                                  Respondent(s)

     (IA No. 719/2022 ­ EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT, IA No. 18843/2022 ­ EXEMPTION FROM FILING O.T., IA No.
     721/2022 ­ EXEMPTION FROM FILING O.T. AND       IA No. 718/2022 ­
     PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

     Date : 20­04­2022 This matter was called on for hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE KRISHNA MURARI
                             HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)
                                       Mr.   Divyakant Lahoti, AOR
                                       Mr.   Parikshit Ahuja, Adv.
                                       Mr.   Kartik Lahoti, Adv.
                                       Ms.   Praveena Bisht, Adv.
                                       Ms.   Madhur Jhavar, Adv.
                                       Ms.   Vindhya Mehra, Adv.
                                       Mr.   Shashank Garg, Adv.
     For Respondent(s)
                                       Mr. Gopal Jha, AOR
                                       Mr. Nishant Verma, Adv.
                                       Mr. Shreyash Bhardwaj, Adv.

                                       Mr. Manu Yadav, Adv.
                                       Mr. Rameshwar Prasad Goyal, AOR
Signature Not Verified

Digitally signed by
VISHAL ANAND
                              UPON hearing the counsel the Court made the following
Date: 2022.04.20
18:10:14 IST
Reason:
                                                 O R D E R

1. This Court on 12­1­2022 passed the following order.:­ “Heard learned counsel for the petitioner.

The petitioner is directed to implead the complainant as a party respondent and file the amended memo of parties accordingly.

Issue notice.

In the meantime, interim protection against arrest is granted to the petitioner herein.

However, the petitioner is directed to cooperate with the investigation at all stages. Additionally, the interim protection is also subject to the compliance of other conditions, as enumerated in Section 438(2) of the Code of Criminal Procedure, to the petitioner.”

2. Exemptions are allowed.

3. Heard learned counsel appearing for the petitioner, learned counsel appearing for the State of Madhya Pradesh, learned counsel appearing for Respondent No.2 – complainant and perused the relevant material available on record.

4. Taking into consideration the fact that more than 3 months have passed since passing of the said interim Order and nothing has been brought on record by the State to show that the petitioner has misused the concession of interim protection granted to him, we make the said interim Order dated 12­1­2022, absolute.

5. The Special Leave Petition is disposed of in the afore­stated terms.

6. Pending applications filed in the matter also stand disposed of.

  (VISHAL ANAND)                                          (R.S. NARAYANAN)
ASTT. REGISTRAR­cum­PS                                   COURT MASTER (NSH)