Madhya Pradesh High Court
B.S. Baskel vs The State Of Madhya Pradesh on 1 June, 2015
WP-7302-2015
(B.S. BASKEL Vs THE STATE OF MADHYA PRADESH)
01-06-2015
Shri Rajendra Tiwari, learned senior counsel with Shri T.Khadka, learned
counsel for petitioner.
Shri S.Dwivedi, learned Deputy Advocate General for respondents-State.
Shri Pankaj Dubey, learned counsel for respondent No.6. After hearing learned senior counsel for the petitioner and learned Deputy Advocate General for the respondent-State and counsel for respondent No.6, a prima facie case is made out for grant of interim stay in view of the fact that the action taken by the respondent-State by issuing impugned order granting sanction for prosecution run contrary to the provisions made under the Rules of Business as amended vide notification No.F.A.No.1-3/2003/I (i) dated 13.05.2003 and as the circular issued by the General Administration Department, Government of Madhya Pradesh run contrary to the provisions of the aforesaid amendment made in the Rules of Business and is further contrary to the Article 166(3) of the Constitution of India.
Let the matter be posted for final disposal in the week commencing 22.06.2015 alongwith W.P.No.6917/2015.
In the meantime no coercive steps be taken against the petitioner pursuant to the impugned order dated 09.04.2015. However, respondents would be at liberty to file charge-sheet which would be subject to final out come of the petition.
Certified copy as per rules.
(KESHAV KUMAR TRIVEDI) (VANDANA KASREKAR)
JUDGE JUDGE