Madhya Pradesh High Court
Prakash Kumar Khare vs The State Of Madhya Pradesh on 25 February, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 CRR-684-2020
The High Court Of Madhya Pradesh
CRR-684-2020
(PRAKASH KUMAR KHARE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Gwalior, Dated : 25-02-2020
Shri Awdhesh Singh, learned counsel for the petitioner.
Shri K.P.S. Sengar, learned Panel Lawyer for the respondent/State.
It is submitted by learned counsel for the petitioner that the present revision is preferred against the order dated 16.01.2020 passed by the Court of VI Additional Sessions Judge, Gwalior in Criminal Case No.201/2019, wherein charges have been wrongly framed and trial is going on. It is further submitted that it is apparent from the record that charges should be framed under Section 307 read with Section 459 of IPC despite charges under Sections 323, 324, 294, 452 & 506 of IPC, hence prayed to stay the proceedings before the trial Court. It is further submitted that the accused persons are relatives of one Additional Sessions Judge of Madhya Pradesh Judicial Services and therefore, trial is adversely affected.
On perusal of record, it is apparent that respondents have not been served till date. Therefore, issue notice to the respondents on payment of process fee by registered as well as ordinary modes within seven working days, returnable within four weeks.
Meanwhile, looking to the facts and circumstances of the case, proceedings before the trail court shall remain stayed till next date of hearing.
It is made clear that in case any adjournment is sought unnecessarily by the petitioner, then the stay order shall stand cancel automatically.
C.c. as per rules.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE shanu* SHANU RAIKWAR 2020.02.26 11:06:00 -08'00'