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2014 Supreme(MP) 100

SHANTANU KEMKAR, M.C.GARG
State of M. P. – Appellant
Versus
Jyotiraditya Scindia – Respondent


Advocates:
C.R. Karmik, Deputy Government Advocate for appellants.

ORDER

1. This writ appeal has been filed under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 aggrieved of the order dated 19.11.2012 passed by the learned Single Judge in Writ Petition No.7984/2011 allowing the petition filed by the respondent-petitioner.

2. According to the learned counsel for the appellants, the judgment is not sustainable. It has been submitted that the writ Court has misconstrued the provisions of section 195(1) of CrPC as bar to take cognizance of offence under section 188 of IPC while registering the FIR.

3. We have gone through the order passed by the learned Single Judge, wherein it has been held as under :

“9. In the presence case, it is an undisputed fact that permission was granted by the Sub-Divisional Officer, Sonkatch, District Dewas to hold a public meeting in respect of Bye-election of Vidhan Sabha, 2001, Sonkatch. Permission was granted on 11.2.2011. Clause 2 of the terms and conditions of the permission reveals that the permission was valid up to 5:00 p.m. As stated in the return, the meeting which was supposed to conclude at 5:00 p.m. continued till 5:05 p.m. with the aid and assistance of Public Add



































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