Madhya Pradesh High Court
Smt. Anuja Sahu vs The State Of Madhya Pradesh on 30 March, 2016
Cr. R. Nos. 1640/15, 1642/15, 1644/15 & 1647/15 30/03/16 Shri Amalpushp Shroti, learned counsel for the petitioners. Issue notice to the respondents, at this stage, Shri S. K. Kashyap,
learned Panel Lawyer appears and takes notice on behalf of the respondents.
A copy of the petitions along with Annexures be given to Shri Kashyap.
After considering the principles laid down by the Supreme Court in the case of State Through Central Bureau of Investigation, New Delhi Vs. Jitender Kumar Singh, (2014) 11 SCC 724 and on a combined reading of the findings and the principles laid down in the said judgment in para 33 read with para 38 prima facie, a legal question with regard to jurisdiction of the learned Special Judge to proceed with the trial of the petitioners for offences punishable under the Indian Penal Code is to be taken note of and, therefore, we direct Shri Kashyap to seek instructions and give his say in the matter. In the meanwhile, till the next date, further proceedings in Special Case No. 7/11 pending before the Special Judge, Prevention of Corruption Act, Bhopal shall remain stayed. List the matter for orders after two weeks. C. C. as per rules.
(RAJENDRA MENON) (SUSHIL KUMAR PALO)
JUDGE JUDGE