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[Cites 2, Cited by 2]

Madhya Pradesh High Court

Mamta Patel vs Managing Director Mohit Talkwar on 19 August, 2019

Author: Rajeev Kumar Dubey

Bench: Rajeev Kumar Dubey

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 30047/2019 (Mamta Patel and ors. Vs. Managing Director Mohit Talkwar Max Erectors and Ors.) 1 Jabalpur, Dated : 19.08.2019 Shri G.S. Dixit, counsel for the applicants. This petition under Section 482 of the Cr.P.C. has been preferred by the applicant to direct the Judicial Magistrate First Class, Jabalpur to dispose of the applicants' application filed under Section 156(3) of Cr.P.C.

Learned counsel for the applicants submits that applicants have filed an application under Section 156(3) Cr.P.C. before the JMFC, Jabalpur on 02.04.2019 but that application is still pending. Learned JMFC has not decided that application as yet. So, JMFC be directed to dispose of that application as early as possible.

It appears from copy of the order sheets of the proceedings that for the first time applicants filed an application u/s 153(3) Cr.P.C. on 02.04.2019 before the trial court which was posted for consideration on 08.04.2019. On 08.04.2019 on the request of learned counsel for the applicants the case was posted on 27.04.2019. On that date also applicant seeks time, so trial court fixed the case on 11.05.2019. Thereafter that case was transferred from one court to another and on 11.05.2019 also learned trial court adjourned the case on the request of learned counsel for the applicants and fixed the case for 04.06.2019. On 04.06.2019 also none was appeared on behalf of the applicants and the case was fixed for 28.07.2019. On 28.07.2019 also none was appeared on behalf of the applicant and the case was fixed for 13.08.2019. From these order sheets it does not appear that learned trial court deliberately adjourned the case. Hence, there is no need to issue any direction to the trial court. Therefore, the petition is rejected.

(Rajeev Kumar Dubey) Judge sarathe Digitally signed by NAVEEN KUMAR SARATHE Date: 2019.08.20 11:04:57 +05'30'