Madhya Pradesh High Court
Dr. Lakhan Singh Rajput vs The State Of Madhya Pradesh Thr on 27 November, 2015
1
(Dr. Lakhan Singh Rajput Vs. State of M.P. & Ors.)
W.P.No. 7849/2015
27.11.2015
Shri N.S. Kirar, Advocate for the petitioner.
Shri S.K. Jain, Government Advocate for the respondents
No. 1 to 4/State on advance copy.
Taking into account the nature of the order which this Court proposes to pass, it is not necessary to issue notice of this petition to the respondent No. 5.
2. Heard.
3. In this petition under Article 226 of Constitution of India, the petitioner has challenged the validity of order dated 16/04/2015 passed by Sub Divisional Magistrate in proceedings under section 145 (1) of Code of Criminal Procedure.
4. When the matter was taken up today, learned counsel for the petitioner while inviting attention of this Court to provision contained in section 145 (5) of Cr.P.C submits that the petitioner may be permitted to approach the Sub Divisional Magistrate and to bring to his notice that no notice was issued to the petitioner before passing the impugned order dated 16/04/2015. It is further submitted that impugned order is per-se illegal as the same has been passed in violation of principle of natural justice inasmuch as no opportunity of hearing was afforded to the petitioner before passing the impugned order.
5. On the other hand, learned Government Advocate submits that in case the petitioner moves an application under 2 (Dr. Lakhan Singh Rajput Vs. State of M.P. & Ors.) W.P.No. 7849/2015 section 145 (5) of Cr.P.C, the same shall be dealt with in accordance with law.
6. In view of aforesaid submissions and in the facts of the case, this writ petition is disposed of with direction that in case petitioner files an application under section 145 (5) of Cr.P.C before the Sub Divisional Magistrate, the Sub Divisional Magistrate shall decide the same after adverting to the grounds raised by the petitioner in the application. Needless to state that the Sub Divisional Magistrate shall decide the application preferred by the petitioner under section 145 (5) of Cr.P.C by speaking order after affording opportunity of hearing to petitioner as well as respondent No. 5 as expeditiously as possible preferably within a period of six weeks from the date of receipt of certified copy of this order.
7. W ith the aforesaid directions, this writ petition stands disposed of.
Certified copy as per rules.
(Alok Aradhe) Judge Durgekar*