Madhya Pradesh High Court
The State Of Madhya Pradesh vs Makhan Burman on 23 June, 2014
M.Cr.C.No.3169/2013
23/06/2014
Shri V.K. Pandey, learned Public Prosecutor for the appellant/State.
This MCrC has been filed for restoration of Cr.R. No.77/2013 which
was dismissed on account of peremptory order passed by a Bench of this
Court on 01/02/2013.
It is submitted by learned Public Prosecutor for the applicant that
State had filed Criminal Revision No.77/2013 which was barred by time by a
period of four days, but application for condonation had not been filed by the
applicant, however, when the case was listed on 01/02/2013 before this
Court, this Court while granting time to cure the defect, had passed
peremptory order. It is further contended by learned Public Prosecutor that
due to law and order situation the OIC could not attend the office of Advocate
General in time, therefore, the application for condonation of delay could not
be filed as per the direction of this Court. On the aforesaid grounds, learned
Public Prosecutor prays for restoration of Criminal Revision No.77/2013.
This Court considered the submissions made by learned Public
Prosecutor and the averments made in the application. The application for
restoration is duly supported by an affidavit.
For the aforementioned reason, I find that sufficient cause for restoration
of Criminal Revision No.77/2013 is made out.
Accordingly, Criminal Revision No.77/2013 is restored to its original
number subject to filing of an application for condonation of delay in the said
revision.
MCrC is allowed.
Let a copy of this order be placed on the record of Criminal
Revision No.77/2013.
(M.K. Mudgal)
Judge
ts
M.Cr.C.No.8822/2014
23/06/2014
Smt. Alka Singh Baghel, learned counsel for the
applicant/accused.
Shri Santosh Yadav, learned Panel Lawyer for the
respondent/State.
Case diary is not available. Respondent/State is directed to make available the case diary on the next date of hearing.
The case be listed in the week commencing 30/06/2014.
(M.K. Mudgal) Judge ts M.Cr.C.No.8126/2014 23/06/2014 Shri Raman Patel, learned counsel for the applicant/accused.
Shri Santosh Yadav, learned Panel Lawyer for the respondent/State.
Case diary is not available, however, copy of charge sheet is available. During course of arguments, it has come to the notice that the date of birth of the prosecutrix in the school record has been entered as 12/06/2001, according to which, her age appears to be nearabout 13 years at the time of incident. At this stage learned counsel for the applicant submits that he wants to produce some documents regarding the age of the prosecutrix and seeks adjournment for the same.
Adjournment is granted. The case be listed in the week commencing 07/07/2014.
(M.K. Mudgal) Judge ts M.Cr.C.No.10602/2013 23/06/2014 Shri Sunil Puraiya, learned counsel for the applicants. Shri V.P. Pandey, learned P.P.for the respondent/State. Case diary is not available. As prayed for by learned counsel for the applicants, the case is adjourned.
Respondent/State is directed to make available the case diary on the next date of hearing.
The case be listed in the week commencing 14/07/2014.
(M.K. Mudgal) Judge ts M.Cr.C.No.10997/2013 23/06/2014 Shri Ashok Kumar Gupta, learned counsel for the applicant.
Heard on the question of admission. On perusal of the record, it appears that State has not made party in this case whereas Police Station Tala, Distt. Satna filed complaint under Section 145 of Cr.P.C. against the applicant as well as respondent. Thereafter proceedings have been initiated against the parties.
As prayed for by learned counsel for the applicant, three days' time is granted for the same.
List this case in the week commencing 30/6/2014.
(M.K. Mudgal) Judge ts M.Cr.C.No.11473/2013 23/06/2014 Shri Gynandra Patel, learned counsel for the applicants. Shri Santosh Yadav, learned Panel Lawyer for the respondent/State.
Heard on the question of admission. This petition has been filed under Section 482 of Cr.P.C. for quashing the FIR bearing Crime No.03/2013, however, complainant has not been made party in this case, hence the applicants are directed to take appropriate steps in this regard within a week.
Thereafter the petition be listed for further consideration in the week commencing 14/7/2014.
(M.K. Mudgal) Judge ts M.Cr.C.No.12285/2014 23/06/2014 None for the applicant.
Shri Santosh Yadav, learned Panel Lawyer for the respondent/State.
Case diary is available. Since none appears on behalf of the applicant, the case is adjourned.
The case be listed after two months along with M.Cr.C. No.9618/2013.
(M.K. Mudgal) Judge ts M.Cr.C.No.9618/2013 23/06/2014 Shri Wakeel Khan, learned counsel for the applicant. None for respondent No.1 Shri Santosh Yadav, learned Panel Lawyer for the respondent No.2/State.
Since none appears on behalf of respondent No.1, the case is adjourned.
The case be listed along with M.Cr.C.12285/2013 after two weeks.
(M.K. Mudgal) Judge ts M.Cr.C.No.12753/2014 23/06/2014 None for the applicant.
None for the respondents, though on his behalf Shri V.P. Singh, Advocate has filed Vakalatnama.
Since none appears on behalf of the applicant, the case is adjourned.
The case be listed after two months for admission.
(M.K. Mudgal) Judge ts M.Cr.C.No.12872/2013 23/06/2014 Shri Neeraj Singh, learned counsel for the applicant. Shri Santosh Yadav, learned Panel Lawyer for the respondent/State.
Case diary is available. This is third bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail. Second bail application of the applicant/accused was rejected by this Court vide order dated 9/1/2013 passed in M.Cr.C. No.11775/2012 have been considered on the merit of the case.
Learned counsel for the applicant submits that there after statement of the witnesses have been got recorded by the prosecution before the trial Court in the pending sessions trial and he wants to file copy of the statement and seeks some time for the same.
Two weeks' time is granted. The case be listed after two weeks.
(M.K. Mudgal) Judge ts M.Cr.C.No.13484/2013 23/06/2014 Shri Rahul Sharma, learned counsel for the applicant. Shri Santosh Yadav, learned Panel Lawyer for the respondent/State.
Case diary is not available. Respondent/State is directed to make available the case diary on the next date of hearing.
As prayed for by learned counsel for the applicant, the case be listed in the week commencing 21/07/2014.
(M.K. Mudgal) Judge ts M.Cr.C.No.14979/2013 23/06/2014 None for the applicant.
Record of the trial Court is received. Since none appears on behalf of the applicant, the case is adjourned.
The case be listed after two months for consideration on the question of leave to appeal.
(M.K. Mudgal) Judge ts M.Cr.C.No.17269/2013 23/06/2014 None for the applicant.
Shri Santosh Yadav, learned Panel Lawyer for the respondent/State.
Case diary is not available. Respondent/State is directed to make available the case diary on the next date of hearing.
Since one appears on behalf of the applicant, the case is adjourned.
The case be listed after twp weeks.
(M.K. Mudgal) Judge ts M.Cr.C.No.924/2014 23/06/2014 Shri Sudeep Patel, learned counsel for the applicant. Shri V.K. Pandey, learned Public Prosecutor for the respondent/State.
Case diary is not available. Respondent/State is directed to make available the case diary on the next date of hearing.
The case be listed in the week commencing 07/07/2014.
(M.K. Mudgal) Judge ts Cr.R.No.930/2014 23/06/2014 Shri B.J. Chourasia, learned counsel for the applicant.
Shri V.K. Pandey, learned Public Prosecutor for the respondent/State.
Case diary is not available. Heard on the question of admission. During the course of arguments, learned counsel for the applicant seeks adjournment.
Respondent/State is directed to make available the case diary on the next date of hearing.
The case be listed in the week commencing 07/07/2014.
(M.K. Mudgal) Judge ts M.Cr.C.No.8206/2014 23/06/2014 Shri S.K. Mishra, learned counsel for the applicant. Due to paucity of time, arguments could not be heard. As prayed for by learned counsel for the applicant, list this petition on 25/06/2014 at the top of the list.
(M.K. Mudgal) Judge ts