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Supreme Court - Daily Orders

Lokesh Sahu vs The State Of Madhya Pradesh on 30 May, 2022

Bench: B.R. Gavai, Hima Kohli

     ITEM NO.18                                COURT NO.5                   SECTION II-A

                                   S U P R E M E C O U R T O F         I N D I A
                                           RECORD OF PROCEEDINGS

     Petition for Special Leave to Appeal (Crl.)                      No.   5027/2022

     (Arising out of impugned final judgment and order dated 29-03-2022
     in MCRC No. 12041/2022 passed by the High Court Of M.P. at Gwalior)

     LOKESH SAHU                                                             Petitioner(s)

                                                       VERSUS

     THE STATE OF MADHYA PRADESH                                             Respondent(s)

     (FOR ADMISSION and I.R. and IA No.77239/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.77241/2022-EXEMPTION FROM
     FILING O.T. )

     Date : 30-05-2022 This petition was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE B.R. GAVAI
                             HON'BLE MS. JUSTICE HIMA KOHLI


     For Petitioner(s)                    Mr. Yogesh Tiwari, Adv.
                                          Mr. Vikrant Singh Bais, AOR

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

Normally, we would not have entertained an application for anticipatory bail in a case arising out of an offence under Section 376 IPC.

However, it is to be noted that in the present case it is the victim, who was the informant, had approached the High Court by filing an application under Section 482 Cr.P.C. contending therein that the investigation was not done fairly and present applicant Signature Not Verified Digitally signed by Indu Marwah Date: 2022.05.31 was implicated though he was not involved. She had also sought a 16:00:31 IST Reason:

prayer for taking action against the Investigating Officer for unfair investigation.
In view of this peculiar facts and circumstances, we are inclined to issue notice, returnable on 18.07.2022. However, the petitioner shall cooperate with the investigation and report to the Investigating Officer as and when directed. There shall be a stay of arrest of the petitioner till further orders.
(ARUSHI SUNEJA)                                         (RANJANA SHAILEY)
SENIOR PERSONAL ASSISTANT                               COURT MASTER (NSH)