Madhya Pradesh High Court
Kalyan Singh Jatav vs The State Of Madhya Pradesh on 23 July, 2018
1 WP-2323-2018
The High Court Of Madhya Pradesh
WP-2323-2018
(KALYAN SINGH JATAV Vs THE STATE OF MADHYA PRADESH)
8
Gwalior, Dated : 23-07-2018
Shri R.K. Sharma, learned counsel for the petitioner.
Smt. Nidhi Patankar, learned Government Advocate for the
respondent/State.
This petition primarily raises the grievance of the petitioner that the order dated 20.12.2017 passed by the trial Court (Annexure P-1) has not been complied with.
After perusing the chargesheet filed by the concerned Police Station vide Crime No.69/2017 alleging offence punishable u/Ss.323, 294, 506, 120-B read with Section 34 of IPC and u/Ss. 3(1)(n) and 3(1) (/k) of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) Act it is observed that one of the accused Hemant Kumar was shown as absconding but the trial Court noticed that no proceedings under Section 82/83 of Cr.P.C. was conducted against him and therefore, trial Court returned the chargesheet to the police with direction to resubmit the same after initiating and completing proceedings u/S 82/83 for declaring the said accused as a proclaimed absconder.
Reply filed by the State is silent as to whether any proceedings for declaring accused Hemant Kumar as an absconder have been initiated and concluded or not. Return further reveals that the Investigating Officer has been changed and that further investigation under Section 173(8), Cr.P.C. is kept pending against the absconding accused Hemant Kumar.
Let an affidavit of SP, Bhind be filed as to why the proceedings under Section 82/83 have not been initiated against the absconding accused.
List the case in the week commencing 6th of August, 2018. Let a typed copy of this order be given to the State counsel.
(SHEEL NAGU) JUDGE Suneel SUNEEL DUBEY 2018.07.23 19:05:02 +05'30'