Madhya Pradesh High Court
Shiv Santosh Raghuvanshi vs The State Of Madhya Pradesh on 22 November, 2019
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.23628/2019
Shiv Santosh Raghuvanshi Vs. State of M.P. and others
Gwalior, Dated :22/11/2019
Shri B.D. Jain, Advocate for petitioner.
Shri R.K. Upadhyay, Government Advocate for
respondents/State.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
**vr% ekuuh; U;k;ky; ls fuosnu gS fd ;kfpdkdrkZ dh ;kfpdk Lohdkj dh tkdj ;kfpdkdrkZ }kjk izLrqr fd;s x;s vH;kosnu o ml ij xfBr dh xbZ lfefr dk laiw.kZ fjdkMZ vkgwr fd;k tkdj] vFkok ;kfpdkdrkZ }kjk izLrqr vH;kosnu vusDpj ih09 o ih013 ij th0vks0ih0 57@93 ds vuqlkj fujkd`r djus dk funsZ'k fn;k tkuk U;k;ksfpr gSA vU; led{+k vkj{kd ¼VªsM½ ls vkj{kd th0Mh0 es lafofy;u fd;s tkus ds fy;s vU; vkj{kd ¼VªsM½ ls vkj{kd th0Mh0 es lafofy;u fd;k x;k gS ds vuqlkj ykHk izkIr djus dk vf/kdkjh gS dk funsZ'k nsus dh d`ik djsA vU; mfpr vkns'k vFkok ijekns'k tks ekuuh; U;k;ky; ;kfpdkdrkZ ds fgr es tkjh fd;k tkuk mfpr ,oe vko';d le>s tkjh djus dh d`ik djsA** It is submitted by the counsel for the petitioner that in identical matters the coordinate Bench of this Court has disposed of the writ petitions with liberty to the petitioners to file a representation. In support of his contention, the counsel for the petitioner has relied upon the order dated 7/11/2019 passed by the coordinate Bench of this Court in Writ Petition No.23629/2019.
Per contra, it is submitted by the counsel for the State that in the light of the order dated 19/6/2013 issued by the Police 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.23628/2019 Shiv Santosh Raghuvanshi Vs. State of M.P. and others Headquarters, the petitioner is not entitled for any relief.
Considered the submissions made by the counsel for the parties.
It is the contention of the petitioner that in identical matter the coordinate Bench of this Court has already granted a liberty to the petitioners to make representation as well as to consider their representations in the light of circular GOP No.57 dated 23/10/1993 and circular dated 19/6/2013. Accordingly, this petition is also disposed of with the following directions:-
1. Petitioner may submit the certified copy of the order passed today alongwith a fresh representation and relevant documents for consideration of his claim within a period of 15 days before respondents No.2 and 3.
2. The respondent No.2 and 3 shall consider the same in the light of circular GOP No.57 dated 23/10/1993 and circular dated 19/6/2013.
Let the aforesaid exercise be done as expeditiously as possible preferably within a period of eight weeks from the date of receipt of certified copy of the order passed today in accordance with law.
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THE HIGH COURT OF MADHYA PRADESH Writ Petition No.23628/2019 Shiv Santosh Raghuvanshi Vs. State of M.P. and others It is made clear that this Court has not expressed any opinion on the merits of the case.
With aforesaid observations and directions, the petition is disposed of.
(G.S. Ahluwalia)
Arun* Judge
ARUN KUMAR MISHRA
2019.11.23 15:38:54 +05'30'