Madhya Pradesh High Court

MCRC/4323/2024 of RAMHET SINGH YADAV Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKEON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4323 of 2024

BETWEEN:-

RAMHET SINGH YADAV S/O SHRI KHARAGPATI SINGHYADAV, AGED-70 YEARS, OCCUPATION:AGRICULTURIST, R/O VILLAGE MAHARAJPURADISTRICT MORENA (MADHYA PRADESH)

(BY SHRI S.K.S. JADON- ADVOCATE)

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH INCHARGEPOLICE STATION THROUGH STATION OFFICERTHROUGH POLICE STATION MORAR GWALIOR(MADHYA PRADESH)

2.JAIPRAKASH AGRAWAL S/O SHRIPOORANCHAND AGRAWAL, AGED-67 YEARS, R/OCOMPANY BAGH ROAD MORAR, GWALIOR(MADHYA PRADESH)

(BY SHRI SOHIT MISHRA- GOVERNMENT ADVOCATE)

.....RESPONDENTS

This application coming on for admission this day, the court passed the following:

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ORDER

The present application under Section 482 of Cr.P.C. has been preferredfor restoration of Miscellaneous Criminal Case No.54258 of 2023, which wasdismissed for non-compliance of the peremptory order dated 19.12.2023 andRJ order dated 08.01.2024 due to non-cure of the default within 7 workingdays.

2. Looking to the averments made in the application, sufficient cause ismade out for restoration of M.Cr.C.No.54258 of 2023. Accordingly, M.Cr.C.No.54258 of 2023 is restored to its original number.

3. Defects which had been pointed out in M.Cr.C. No.54258 of 2023 by the office be cured within a period of seven working days after restoration, elsethe said M.Cr.C. No.54258 of 2023 would be dismissed without reference tothis Court.

4. Looking to the nature of default, subject to payment of cost ofRs.5,000/- (Rupees Five Thousand Only) to be deposited with the MadhyaPradesh Bar Association, Gwalior within a period of ten working daysfrom today and on production of copy of its receipt, Office is directed torestore M.Cr.C. No.54258 of 2023 to its original number.

5. A copy of this order be placed in the record of M.Cr.C. No.54258 of

6. Present application stands disposed of accordingly.

Chandni

(MILIND RAMESH PHADKE)JUDGE

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