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[Cites 1, Cited by 95]

Madhya Pradesh High Court

State Of M.P.Thru.S.N.Garg vs Deepak Bhawsar on 21 November, 2019

Author: Sunil Kumar Awasthi

Bench: Sunil Kumar Awasthi

                                                          1                               MCRC-5813-2016
                               The High Court Of Madhya Pradesh
                                         MCRC-5813-2016
                                         (STATE OF M.P.THRU.S.N.GARG Vs DEEPAK BHAWSAR)

                    7
                    Indore, Dated : 21-11-2019
                              Shri V.J. Hardia, learned counsel for the applicant/State.
                              Shri Amit Agrawal, alongwith Shri Arjun Agrawal learned counsel for
                    the respondents.

Learned counsel for the respondents has pointed out that the present petition has been filed within limitation, therefore, there is no need for deciding the application filed by the application under Section 5 of Limitation Act.

After perusal of the office report, it appears that this petition has been filed within limitation period of 90 days, therefore, the application filed by the application under Section 5 of Limitation Act bearing I.A.No.5576/2019 is hereby dismissed.

Learned counsel for the respondents has also submits that the respondent No.9 Surendra Radha Krishnanihas died on 05.03.2018. Death certificate is also enclosed with report.

After perusal of the service report of Station House Officer-Thane- Mumbai, it appears that the respondent No.9 has died on 05.03.2018, therefore, learned counsel for the applicant is directed to delete the name of respondent No.9 from the array of petition.

Matter be listed after two weeks.

(S.K. AWASTHI) JUDGE Praveen Digitally signed by PRAVEEN KUMAR NAYAK Date: 23/11/2019 16:40:47