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Madhya Pradesh High Court

Sunil Mandwani vs The State Of Madhya Pradesh on 12 September, 2024

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

NEUTRAL CITATION NO. 2024:MPHC-IND:26698


                                                     1                  Cr.R. No.463/2022


             IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                                       BEFORE
                        HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                           ON THE 12th OF SEPTEMBER, 2024
                          CRIMINAL REVISION No. 463 of 2022

                               SUNIL MANDWANI AND OTHERS
                                          Versus
                              THE STATE OF MADHYA PRADESH

             Appearance:
                  Shri Manish Kumar Sharma - Advocate for applicants.
                  Shri Amit Bhatia- Government Advocate for the respondent/State.

                                             ORDER

This Criminal Revision under Section 397 of Cr.P.C. has been filed seeking the following reliefs:-

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2. It is submitted by counsel for applicants that the case in hand is duly covered by the order passed by this Court separately in Criminal Revision No. 455/2022 (Sunil Mandwani and Others Vs. The State of M.P.).

3. This Court in the case of Sunil Mandwani (supra) has held as under:-

"This Criminal Revision under Section 397/401 of Cr.P.C. has been filed against the order dated 08.11.2021 passed by 4th Additional Sessions Judge, Indore in S.T. No. 1091/2015 by which the application filed by the applicants for clubbing three criminal trials together has been rejected.
NEUTRAL CITATION NO. 2024:MPHC-IND:26698 2 Cr.R. No.463/2022
2. A specific question was put to counsel for applicants as to whether the provision of Section 219 of Cr.P.C. would apply or not, however, it is submitted by counsel for applicants that in fact application was filed under Section 408 of Cr.P.C.
3. Merely because the accused are same in three cases, the case is not required to be transferred to one Court and are also not required to be clubbed together. Furthermore, not only the complainants are different but even the accused firms are also different.
4. Under these circumstances, this Court is of considered opinion that the trial Court did not commit any mistake by rejecting the application for clubbing the three cases together.
5. Accordingly, revision fails and is hereby dismissed."

4. Accordingly, this Revision is also dismissed in the terms and conditions of the order passed in the case of Sunil Mandwani (supra).

(G.S. AHLUWALIA) JUDGE AL Digitally signed by ASHISH KUMAR LILHARE Date: 2024.09.13 16:51:01 +05'30'