Madhya Pradesh High Court
Aditya Singh Tomar vs Lok Ayukt Sangthan Madhya Pradesh Thr. on 23 July, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1 MCRC-3843-2020
The High Court Of Madhya Pradesh
MCRC-3843-2020
(ADITYA SINGH TOMAR Vs LOK AYUKT SANGTHAN MADHYA PRADESH THR. AND OTHERS)
5
Gwalior, Dated : 23-07-2020
Heard through Video Conferencing.
Shri RK Sharma Sr. Advocate with Shri Pawan Kumar Dwivedi
Advocate for the petitioner.
Shri AK Chaturvedi advocate for respondent- Lokayukt organisation
Let notice be issued to respondent no. 2 on payment of process fee within next 7 working days failing which petition shall stand automatically dismissed without further reference to this bench.
Learned senior counsel for petitioner primarily submits while assailing the impugned order dated 22. 4. 2019 of the learned trial judge that while declining to accept the closure report submitted by the prosecution in respect of offence in question, the trial court traveled beyond its jurisdictional purview to direct the prosecution to obtain sanction for prosecution of petitioner from the competent authority. It is submitted by learned senior counsel that while doing so the learned trial judge failed to follow the law laid down by Apex Court in Abhinandan Jha vs. Dinesh Mishra (AIR 1968 SC 117) and Basanti Dube vs. State of MP (2012 (2) SCC 731).
As an interim measure, it is directed that meanwhile impugned order dated 22. 4.2019 passed in Special Case No.2/ 2019 by Special Judge (Prevention of Corruption Act), Gwalior, so far as it relates to the petitioner, shall remain stayed.
Since a short legal issue is involved in the present case and the rival parties are ready and willing to finally argue the case, list along with Mcrcs. nos.21921/2020, 21582/2020 and 50682/2019 in the next week for final hearing in motion.
(SHEEL NAGU) (RAJEEV KUMAR SHRIVASTAVA)
JUDGE JUDGE
2 MCRC-3843-2020
ar
ABDUR RAHMAN
2020.07.24 12:02:54
+05'30'