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Judgment
Anand Pathak, J
Heard on admission/stay.
Petitioner is aggrieved by order dated 03.05.2023 passed by JMFC, Gwalior whereby application preferred by petitioner under Section 461 of Cr.P.C. stands rejected. Petitioner is further aggrieved by revisional court whereby revision of petitioner met the same fate.
Petitioner is the accused in the case and it is his submission that before cognizance, respondent did not submit the affidavit duly notarized by the Notary/Oath Commissioner, therefore, it was not the affidavit in the eyes of law in wake of judgement of Apex Court in the case of Indian Bank Association Vs. Union of India, 2014 (5) SCC 590. The said irregularity is fatal in the case. Complaint deserves to be dismissed on this ground alone. Trial court erred in taking cognizance over such incomplete complaint.
Issue notice to the respondents on payment of process fee through R AD mode within seven working days, failing which petition would entail dismissal without further reference to the Court.
Notice be made returnable within four weeks.
Till next date of hearing, proceedings pending before the trial court shall remain stayed.
Looking to the point involved in the case, Shri D.K. Agrawal and Shri Harshit Sharma, Advocates, are requested to act as amic curiae in the matter to assist this Court. Office is directed to reflect their name in the cause list.
List this matter on 26.02.2024.