High CourtsSingle Bench(2023) 12 MP CK 0084

Vijay Choudhary vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 18 December 2023

HON’BLE JUDGES
Subodh Abhyankar, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 54944 Of 2023

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Judgment

8 paragraphs · 228 words

Subodh Abhyankar, J

1.

This petition under Section 482 of the Cr.P.C. has been filed by the petitioner for modification of a common order dated 21.11.2023 passed by this Court in MCRC NO. 57720/2023 AND MCRC.No.17703/2023; whereby the impugned orders dated 1/10/2023 and 23.3.2023 passed by the trial Court, has been quashed.

2.

Counsel for the petitioner has submitted that the charge under Section 467 of IPC was framed on 3.4.2023 which was also challenged in MCRC.No.17703/2023.

3.

Counsel for the respective respondents have not disputed this aspect of the matter.

4.

In view of the same, this Court is inclined to allow the present MCRC, and it is apparent that order dated "3.4.2023" could not be mentioned in para 11 of the order passed by this Court on 21.11.2023 in MCRC.No.57720/2023 and MCRC.No.17703/2023.

5.

In view of the same, it is directed that the aforesaid common order dated 21.11.2023 passed by this Court in MCRC.No.57720/2023 and MCRC.No.17703/2023 is modified to the extent that in para 11 after the impugned orders dated 1.10.2022, 23.3.2023 order dated 3.4.2023 shall stand inserted.

6.

With the aforesaid, the petition stands allowed, and the trial Court is also directed to do the needful.

7.

This order be read conjointly with order dated 21.11.2023 passed in MCRC NO. 57720/2023 AND MCRC.No.17703/2023 and the order dated 21.11.2023 stands modified to the extent as above.