Madhya Pradesh High Court
Lateef Gauli vs The State Of Madhya Pradesh on 5 May, 2017
MCRC-6604-2017
(LATEEF GAULI Vs THE STATE OF MADHYA PRADESH)
05-05-2017
Shri Manish Datt, learned senior counsel with Shri T.P.
Jaiswal, for the petitioner.
Shri Y.D. Yadav, learned Panel Lawyer for the respondent-
State.
Learned counsel Panel Lawyer has taken notice of this petition under Section 482 of the Cr.P.C. on behalf of the respondent-State. Hence, no further notice is required to be sent to it. He is also directed to make available the case diary of the concerned case positively on the next date of hearing.
Heard on I.A. No.7635/2017, which is an application moved on behalf of the petitioner seeking stay on an order dated 31.03.2017 passed by the Fifth Additional Sessions Judge (Smt. Dipali Sharma) Khandwa in Sessions Trial No.173/2013 titled State of M.P. Vs. Rafique and another, whereby the learned ASJ has allowed the application filed by the prosecution under Section 311 Cr.P.C., permitting it to recall prosecution witness Photographer Ravindra Bhagat for his further examination.
Having gone through the aforesaid order and having considered the arguments raised on behalf of the parties, I allow the I.A. The aforesaid order is hereby stayed till the final adjudication of the petition, making it clear that this court has not stayed the entire trial proceedings of the case. The learned trial Judge shall proceed further in the case in accordance with law.
It is also made clear that if it appears to this court that the petitioner is intentionally delaying the final disposal of the petition on merits, then this court may consider the vacating of the order passed on I.A. No.7635/2017. List the case for final disposal of the petition on merits at the motion stage in the week commencing from 19.06.2017.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE haider