Madhya Pradesh High Court
Dr. Jagdeesh Kayadurgmath vs Vijay Pratap Mishra on 24 July, 2017
MCRC-12025-2017
(DR. JAGDEESH KAYADURGMATH Vs VIJAY PRATAP MISHRA)
24-07-2017
Shri Dinesh Tripathi, learned counsel for the petitioners.
Issue notice to the respondent on payment of PF within three
days by both modes.
Notice be made returnable by 28-08-2017.
Heard on IA No. 14081/17, which is an application for stay of further proceedings in RCT 1201436/15 pending in the court of learned Judicial Magistrate First Class, Damoh under Section 420/34 of IPC.
Heard the learned counsel for the petitioner on the said application.
He has submitted that earlier the respondent had filed an FIR against the petitioners herein at Police Station Kotwali Damoh which was registered as Crime No. 584/2011 under Section 420 and 434 of IPC. The District Prosecution officer's information was given to the CSP, Damoh to the effect that as all the transactions has taken place in Mumbai, the offence can be tried only at Mumbai and on that basis the FIR which was registered at Police Station Damoh was transferred to Police Station Turbe MIDC, Navi Mumbai where the police after completion of investigation filed the charge-sheet in the court of Judicial Magistrate First Class, Vashi,Navi Mumbai where according to the learned counsel for the petitioners, the case is at the stage of prosecution's evidence and summons have been issued to the respondent but, he has failed to appear before the Mumbai court. Instead, the respondent has filed a complaint case in the court of Judicial Magistrate First Class, Damoh for the same transactions of offence, for which trial is proceeding before Judicial Magistrate First Class, Vashi Mumbai. At the first instance, it seems to be a case of double jeopardy where the same cause of action is being prosecuted at two different places.
Under the circumstances, the said IA is allowed. The further proceedings in RCT No. 1201436/15 pending in the court of learned JMFC, Damoh shall stand stayed till the next date of hearing.
List immediately after service of notice on the respondent.
(ATUL SREEDHARAN) JUDGE PG