Madhya Pradesh High Court
Sonali Ajmera vs The State Of Madhya Pradesh on 1 May, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
MCRC No. 10888 of 2019
(JITENDRA KUMAR DHAWAN Vs THE STATE OF MADHYA PRADESH)
MCRC/04198/2017, MCRC/04679/2017, MCRC/10207/2017, MCRC/10389/2017,
MCRC/21878/2017, MCRC/21888/2017, MCRC/23581/2017, MCRC/26065/2017,
MCRC/02191/2018, MCRC/17964/2018, MCRC/49687/2018, MCRC/49690/2018,
MCRC/44457/2019, MCRC/45174/2019, MCRC/00313/2020, MCRC/09560/2020,
MCRC/10572/2020, MCRC/10573/2020, MCRC/10721/2020, MCRC/17021/2020,
MCRC/17023/2020, MCRC/17095/2020, MCRC/17141/2020, MCRC/17163/2020,
MCRC/17193/2020, MCRC/17201/2020, MCRC/17249/2020, MCRC/17250/2020,
MCRC/17252/2020, MCRC/17253/2020, MCRC/17259/2020, MCRC/17260/2020,
MCRC/17264/2020, MCRC/17269/2020, MCRC/17327/2020, MCRC/17576/2020,
MCRC/21850/2020, MCRC/31612/2020, MCRC/34682/2020, MCRC/36727/2020,
MCRC/37760/2020, MCRC/38626/2020, MCRC/38629/2020, MCRC/41333/2020,
MCRC/52759/2020, WP/08471/2020, WP/08743/2020, CRR/00671/2021,
CRR/00697/2021, CRR/00719/2021, CRR/00723/2021, CRR/00728/2021,
CRR/00741/2021, CRR/00742/2021, CRR/00748/2021, CRR/00749/2021,
CRR/00762/2021, CRR/02759/2021, CRR/02769/2021, CRR/02961/2021,
MCRC/07015/2021, MCRC/11936/2021, MCRC/12174/2021, MCRC/14652/2021,
MCRC/25402/2021, MCRC/25456/2021, MCRC/25584/2021, MCRC/41085/2021,
MCRC/41089/2021, MCRC/44113/2021, MCRC/44123/2021, MCRC/59566/2021,
WP/01984/2021, MCRC/00551/2022, MCRC/00573/2022, MCRC/00580/2022,
MCRC/00583/2022, MCRC/00586/2022, MCRC/00595/2022, MCRC/00626/2022,
MCRC/00632/2022, MCRC/00637/2022, MCRC/16788/2022, MCRC/31233/2022,
MCRC/35056/2022, MCRC/40174/2022, MCRC/41022/2022, MCRC/41031/2022,
MCRC/43990/2022, MCRC/54903/2022, MCRC/55033/2022, MCRC/11436/2023,
MCRC/11442/2023, MCRC/11445/2023, MCRC/11612/2023, MCRC/11620/2023
Dated : 01-05-2023
Parties through their counsel.
On the last date of hearing this Court had directed the main accused
persons/the colonizers in the present case namely, Ritesh Ajmera, Nilesh
Ajmera, Chirag Shah, Happy Dhawan, Nikul Kapasi, Mahavir Jain to appear
before this court, to inquire from them if they are really interested in settling the
matter. In compliance of the aforesaid order, today, Jitendtra (Happy) Dhawan,
Ritesh Ajmera, Nikul Kapasi, Mahavir Jain have marked their presence before
this court and have stated in unison that they are willing to settle the cases, and
in fact have already settled various other cases, the details of which have already
been filed on record.
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 03-May-23
8:01:35 PM
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(2) It is also informed that in MCRC.No.11583/2023, which was heard
on 17.04.2023 and relates to cancellation of bail of respondent/Chirag Shah, the
complainant has already settled the matter and the documents regarding which
have also been filed on record. Counsel for the complainant Shri Gagan Bajad,
in this case has also submitted that the matter has been settled.
(3) In view of the same, MCRC.No.11583/2023 is hereby again listed
for further hearing along with the present batch of cases.
(4) Counsel for the applicants have also stated that the documents filed
by the applicants/accused persons may be verified by the respondent/State, as
counsel for the respondent/State has stated that after the matter was remanded
by the Supreme Court, not a single case has been settled by the applicants.
(5) On due consideration of the rival submissions and on perusal of the
documents filed on record, as also the order passed by the Supreme Court on
01.11.2022 in the case of State of M.P. Vs. Sonali Ajmera in Criminal
Appeal No.1876/2022 and other connected appeals, wherein the Hon'ble
Supreme Court has also observed that this court may re-constitute the
Committee and appoint a foremer judge of the High Court as its Chairman,
under the present facts and circumstances of the case, this Court finds it
expedient to defer the hearing of these cases till it is ascertained as to in how
many cases the applicants have entered into settlement and in how many cases
the settlement is still possible.
( 6) For the verification of the aforesaid facts and to further
explore the possibilities of settlement, a Committee is hereby constituted,
with its Chairman being Shri I.S.Shrivastava, a retired Judge of this
Court, who has also consented for the same, along with shri Shri Abhay
Signature Not Verified
Badekar, the ADM Indore. The Additional Superintendent of Police of
Signed by: REENA PARTHO
SARKAR
Signing time: 03-May-23
8:01:35 PM
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the concerned Police Station/area shall also assist the said committee on
such dates as may be fixed by the Committee.
(7) Shri Shrivastava, J. (retd.) shall also be eligible to get the
remuneration of Rs.50,000/- which shall be initially paid by the State
Government within two weeks time from today, but the same shall be subject
to the final disposal of the case. The Principal Registrar of this court is also
directed to provide Shri Shrivastava J.(retd.) a suitable space in the High Court
premises to conduct the business of this committee along with a stenographer.
(8) For this purpose a tentative meeting of the Committee shall
be first held on 9th of May, 2023 at 12 p.m. in the Conference Hall of the
High Court.
(9) The Committee may prepare a list of the aggrieved
persons/complainants and the list of the persons whose grievance is redressed,
according to the colonies involved, namely, “Kalindi Gold Cityâ€Â,
“Phoenix†and “Satellite Hillsâ€Â. It is also
directed that all the accused persons viz.,Ritesh Ajmera, Nilesh Ajmera,
Chirag Shah, Happy Dhawan, Nikul Kapasi, Mahavir Jain shall also
mark their presence as and when directed by the Chairman of the
Committee.
(10) Since a grievance has been raised by Shri Vinay Saraf, learned Sr.
counsel for the applicant Nilesh Ajmera that he cannot participate in the present
proceedings as he might be arrested despite the fact that his case was earlier
quashed by this court only, it is directed that till the next date of hearing no
coercive action shall be taken against Nilesh Ajmera by the concerned police
station till the next date of hearing. It is also expected that the accused persons
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 03-May-23
8:01:35 PM
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shall extend their full support to the committee.
( 11 ) List the matter on 21.06.2023 along with other connected
matters.
(12) Let a copy of this order be sent to Shri I.S.Shrivastava, J.
(retd.) and also to the Collector, District Indore for necessary information and compliance.
(SUBODH ABHYANKAR) JUDGE das Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 03-May-23 8:01:35 PM