Madhya Pradesh High Court
Manish Matta vs The State Of Madhya Pradesh on 27 November, 2018
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HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.47548/2018
27.11.2018 (INDORE):
Applicant Manish Matta is present in person.
Shri Rakesh Maheshwari, learned Public Prosecutor for
the respondent/State.
This order shall dispose of application filed under section 407 Cr.P.C read with Article 14 & 21 of the Constitution of India (MCRC No.47548/2018) along with application to dispense with presentation of relevant documents of the concerned case in this matter.
The applicant has submitted that a regular criminal case No.5898/18 is pending in the Court of Judicial Magistrate, First Class, Indore, however, the applicant and his mother were subjected to mob lynching by a group of Advocates in the District Court, Indore inside Court room No.13 and the said physical abuse was a result of conspiracy and incitement by an Advocate viz. Vivek P.Bapna. The applicant submits that his life was saved by the Police but FIR against the abusers was diluted by the Police under the influence of Advocates. The applicant submits that no Advocate in Indore is ready to represent the applicant's case because of the influence of the Advocate Shri Bapna and that applicant is facing hardship and is not in a position to defend -2- his case as his permanent counsel in Indore has refused to defend him. A bailable warrant was issued against the applicant in criminal case No.5898/2018 and no Advocate is ready to take his case. Lastly, the applicant submits that he and his mother are living in acute fear and are severely harassed both physically and mentally, therefore, it is prayed that the trial on regular criminal case No.5898/2018 be directed to be conducted in some other district adjacent to Indore district and that the Superintendent of Police be directed to provide security to the applicant and by way of interim measure, the proceedings in the Court at Indore be stayed till final disposal of the application filed under section 407 Cr.P.C.
In his other application, it has been mentioned that the applicant has not been able to retrieve any documents pertaining to the case in which he has been made an accused and, therefore, he is not in a position to file copies of any of the documents of the case and seeks dispensation from filing such documents. The application is supported with an affidavit. The requirement of section 407 (5) of the Cr.P.C, which mandates giving notice to the Public Prosecutor in writing of the application and lapse of 24 hours from the notice before the order is ultimately passed, has already been complied with.
-3-Learned counsel for the State Shri Rakesh Maheshwari has refuted the allegations and submitted that the application is not bona fide and deserves to be dismissed. The complainant has filed copy of the complaint made to the District & Sessions Judge, Indore, the Superintendent of Police, Indore and T.I, MG road, Indore as also copy of the newspaper dated 27.08.2018. In the complaint (document No.1 referred to above) dated 25.08.2018, the date of incident has been shown as 24.08.2018. Prior to this incident on 22.08.2018, there was exchange of talks between Shri Bapna, Advocate and the complainant, copies of which have also been placed on record.
As per the complainant, the case under sections 341, 354, 507, 294, 323, 504 & 506 IPC is pending against him (criminal case No.5898/18) and in that case Shri Bapna, Advocate is appearing for the lady complainant, who has complained against the applicant Manish Matta.
It appears that the verbal exchange took place between the applicant and the counsel on SMS has probably culminated into physical abuse when the applicant Manish Matta appeared in the Court. However, to say that, no Advocate is prepared to defend the applicant, may not be completely true as in case of such refusal, the trial Court is authorized to provide an Advocate from the Legal Aid Panel and such Advocate is not in a position to refuse to defend the -4- applicant. Therefore the applicant is advised to take recourse to make a prayer to the Presiding Officer to offer him Lawyer from the Legal Aid Panel. Further, the concerned Court may also move Police authorities to provide adequate security to the applicant inside the Court premises. Hence, it would not be appropriate to transfer the case to some other district and, thus, the application is dismissed.
A copy of this order be forwarded to the concerned trial Court with a direction to provide Lawyer from the Legal Aid Panel to the applicant if requested and also take measures to provide adequate security to the applicant in the Court premises.
C.c as per rules.
(SHAILENDRA SHUKLA) JUDGE Digitally signed by Hari Kumar Nair Date: 2018.11.29 15:40:28 -08'00' hk/