High CourtsSingle Bench(2023) 11 MP CK 0091

Surendra Singh Bhadoriya vs K.D. Choubey (Kali Das Choubey) And Others

Madhya Pradesh High Court · Decided on 29 November 2023

HON’BLE JUDGES
Anand Pathak, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 53002 Of 2023

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Judgment

6 paragraphs · 176 words

Anand Pathak, J

1.

Head on admission/stay.

2.

The present petition is preferred under Section 482 of Cr.P.C. taking exception to the order dated 03.11.2022 whereby cognizance has been taken against the petitioner purportedly under Section 420 and r/w Section 34 of IPC. Said cognizance has been taken after alleged commission of offence in 1980. Revision was preferred but same also stood rejected vide order dated 25.07.2023.

3.

It is the submission of counsel for the petitioner that after lapse of almost 42 years cognizance has been taken. Same is hopelessly barred by time and suffers from delay and latches. Five inquiries were conducted earlier suppressing those facts therefore, complaint has been filed on which impugned order has been filed.

4.

Issue notice to the respondents on payment of process fee within seven working days by RAD mode, failing which this petition would entail dismissal without reference to the Court. Notice be made returnable within four weeks.

5.

Till next date of hearing, effect and operation of impugned orders dated 03.11.2022 and 25.07.2023 shall remain stayed.