Madhya Pradesh High Court
Hemant Katare vs The State Of Madhya Pradesh on 21 March, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-7230-2018
(HEMANT KATARE Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 21-03-2018
Shri Anil Khare, learned Senior counsel with Shri Prinyankesh
Jain and Santanu Saxena,counsel for the applicant.
Shri Sanjay Dwivedi, learned Dy. AG along with Smt. Manjit
P.S.Chuckal, learned Govt. Advocate for the State.
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Shri Manish Datt, learned Senior counsel with Shri Abhijit
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Awasthy and Aakash Telang, counsel for the respondent No. 2.
ad Ms. Rashmi Kharya, CSP Ayodhya Nagar, Bhopal, Shri D.P. Pr Singh, SHO Police Station Bazariya, Bhopal and Ms. Shikha Singh Bais, TI Mahila Thana, the Investigating Officers are present in a hy person.
ad Vide order dated 16-03-2018, passed by the concurrent Bench of M this court by Hon'ble Shri Justice J.P. Gupta, the case has been placed before this bench on account of no reason being given by this court in of its order dated 16-03-2018 necessitating the presence of the rt Investigating Officer in Crime Nos. 35/18, Crime No. 27/18 and ou Crime No. 5/18.
Upon perusal of the older order-sheets, it has come to the notice C of this court that vide order dated 01-03-2018 passed by a co-ordinate h Bench of this court Presided by Hon'ble Shri Justice Rajeev Kumar ig Dubey, it was clearly observed "Heard finally at motion stage with the H consent of both the parties. Due to paucity of time, arguments could not be concluded so matter be listed on 6th March, 2018 at top of the list. "
Learned counsel for the State informs court that on 01-03-2018, observed that the arguments were forwarded by both sides for more than 2 hours before the court presided over by Hon'ble Mr. Justice Rajeev Kumar Dubey.
This Court feels it essential that a clarification or a reason ought to be given for summoning the three Investigating Officers in this case. In this case, Crime No. 5/18, which is under investigation by Police Station, Crime Branch, Bhopal has been instituted on a complaint, which is given by the petitioner against the respondent No.
2 in M.Cr.C No. 7233/18. In that case, the petitioner herein had levelled allegations against the respondent No. 2 for offences punishable under Sections 384, 388 and 120-B of IPC against the respondent No. 2. The respondent No. 2 is alleged to have been caught red- handed by the Investigating Agency while accepting the extortion amount of Rs. 5 lacs from the petitioner herein. Thereafter, the respondent No. 2 was sent to judicial custody and from jail she prefers sh a written complaint which is registered at Police Station Mahila Thana e Bhopal as Crime No. 35/18 for offences punishable under Sections ad 342, 376(1), 376(2)(n) and 506 of IPC. This case has been registered Pr by the respondent No. 2 against the petitioner herein alleging inter alia, rape by him. The second case registered against the petitioner is a Crime No. 27/18 at Police Station Bajaria, Bhopal. This case has been hy filed by the mother of the respondent No. 2 in M.Cr.C No. 7233/18, ad who is the respondent No. 2 in M.Cr.C No. 7230/18, which is also a M quash petition filed by the petitioner herein.
As all the three cases are interlinked for the purpose of of evaluating if prima facie there is element of malice in registration of Crime No. 35/18 and Crime No. 27/18 and there were cross rt allegations against the investigating Agency in Crime No. 5/18 which ou has been levelled by the respondent No. 2 in M.Cr.C No. 7233/18. It C was felt essential that the presence of all the three Investigating h Officers in three different Crime numbers was required so as to clear ig the intricate and interlinked facts between these three cases. H In view of the order dated 01-03-2018, in which the co-ordinate Bench headed by Hon'ble Mr. Justice Rajeev Kumar Dubey had observed that the case was finally heard at motion stage with the consent of both the parties and that the same could not be completed on account of paucity of time on 01-03-2018, the office is requested to look into the matter and see whether this case ought to be placed before Hon'ble Shri Justice Rajeev Kumar Dubey itself or in due course.
List this case after considering the appropriate court before which, it should be listed on 27-03-2018 on the top of the list.
Interim relief to continue till the next date of hearing. As the Interim relief is being continued, which was granted vide order dated 01-03-2018, the petitioner is directed that as and when he receives notice under Section 160 from the Police, he shall comply with the same and join investigation as and when called upon to do so and in the event, when he is unable to appear on the date and time given in the said notice, he shall communicate the same to the Investigating Agency and request an alternate date and time to comply with the notice.
sh C.C as per rules.
e ad ATUL SREEDHARAN) JUDGE Pr a Digitally signed by PARMESHWAR hy GOPE Date: 2018.03.23 10:59:49 +05'30' ad PG M of rt ou C h ig H