Madhya Pradesh High Court
Dev Dutt Mishra vs The State Of Madhya Pradesh on 7 July, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1
The High Court of Madhya Pradesh
Mcrc.21921.2020
(Dev Dutt Mishra Vs. State of M.P. and another)
Gwalior dated 07.07.2020
Shri Anil Khare, Sr. Advocate with Shri V.D.Sharma, learned
counsel for petitioner.
Shri A.K.Chaturvedi, learned counsel for respondent No.1-
Lokayukt Organization,on advance notice.
Let notice be issued to respondent No.2-complainant Rakesh Kushwah on payment of process-fee within next 7 (seven) working days, failing which petition shall stand automatically dismissed without further reference to this bench.
Learned Sr. counsel for petitioner primarily submits while assailing the impugned order dated 22/4/2019 of the learned trial judge that while declining to accept the closure report submitted by the prosecution in respect of offence in question, the trial court travelled beyond it's jurisdictional purview to direct the prosecution to obtain sanction for prosecution of petitioner from the competent authority. It is submitted by learned Sr. counsel that while doing so, the learned trial judge failed to follow the law laid down by Apex Court in Abhinandan Jha Vs. Dinesh Mishra (AIR 1968 SC 117) and Vasanti Dubey Vs. State of M.P. 2012(2) SCC 731.
2
As an interim measure, it is directed that meanwhile impugned order dated 22/4/2019 passed in Special Case No.2/2019 by Special Judge (Prevention of Corruption Act), Gwalior so far as it relates to petitioner shall remain stayed.
List the matter alongwith Mcrc. No. 50682/19 for analogus hearing in the last week of July, 2020 for admission/I.R./final disposal, if possible.
C.c.as per rules.
DHANANJA Y BUCHAKE 2020.07.08 (Sheel Nagu) (Rajeev Kumar Shrivastava) 10:51:21 +05'30' Judge Judge (Bu)