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Madhya Pradesh High Court

Rakesh Jatav vs The State Of Madhya Pradesh Thr on 30 July, 2018

                                 1                            MCRC-22186-2018
       The High Court Of Madhya Pradesh
                 MCRC-22186-2018
               (RAKESH JATAV Vs THE STATE OF MADHYA PRADESH THR)

7
Gwalior, Dated : 30-07-2018
      Shri Vikrant Sharma, learned counsel, for the applicant.
      Shri G.S.Chauhan, learned PP, for the respondent/State.

Three reasons have been given in the application I.A.No.6118 of 2018 filed on behalf of Superintendent of Police Datia seeking exemption from appearance before this court namely :

(a). That, fair of Ratan Garh Wali Mata is going to be organized shortly and therefore, looking to such arrangements, he is not in a position to come;

(b). Mr. M.S.Bitta who has been granted `Z' Plus security is going to visit Datia and therefore, looking to his security arrangements, S.P is unable to remain present;

(c). It is mentioned that in Crime No.114 of 2018, since accused persons have not been arrested in the matter of murder of Anand Dohre, his relatives can stage a Dharna/Pradarshan, therefore, S.P. is unable to remain present;

No document has been enclosed to show as to on which date, this Mela of Ratan Garh Wali Mata is going to be organized, therefore, his excuse for absence on 30.7.2018 is of no use;

Annexure A/3 has been enclosed which is a Fax Massage. It reveals that Mr. M.S.Bitta shall leave his house at Tal Katora Road at 2200 Hrs on 30.7.2018 by road, arrive at Nizamuddin Railway Station at 2240 Hrs, leave Nizamuddin Railway Station by Train No.12722 (Dakshin Express) and shall arrive Datia Railway Station at 0443 Hrs on 31.7.2018. Thus, it is apparent that Mr. M.S.Bitta is not going to arrive at Datia on 30.7.2018 the date which was fixed for appearance of S.P. This is a lame excuse which does not inspire any confidence.

So far as some Dharna/Pradarshan is concerned, FIR in Crime No.114 of 2018 has been registered on 25.7.2018 in regard to an incident which had taken place on 23.7.2018 against three persons by one Ramhuzoor Dohre alleging that one Sudeep Sahu S/o Lalta has informed him on Mobile that on 23.7.2018 Anand Dohre was taken away by Shalendra Yadav S/o Kalyan Singh and Kari Yadav alias Rampal S/o Prakash Yadav towards Pahuz river where both had beaten Anand. When 2 MCRC-22186-2018 informant Sudeep reached his house, he acquired a doubt that these persons have taken Anand to some unknown place. Thus, the incident is of 23.7.2018 and there is no notice from any of the parties on record to show that they have given any notice to District Magistrate seeking permission to stage any protest. Thus, all the three reasons given by S.P appears to be frivolous and not related to the excuse sought for seeking his absence before this court. Therefore, the application seeking condonation of absence is rejected.

Shri Mayank Awasthi, S.P.Datia, is present in person. He submits that he has already ordered for compliance of the earlier order and shall file compliance report within seven days from today. He tenders his apology for not remaining present earlier.

In view of such facts, list this case on 06.08.2018 when report as assured by Shri Awasthi shall be made available to the court for its perusal. If the reports are made available on or before 6.8.2018, then presence of S.P. shall not be required.

List on 06.08.2018.

Date: 2018.07.30 17:32:40                              (VIVEK AGARWAL)
+05'30'                                                     JUDGE


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