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2023 Supreme(MP) 744

SUJOY PAUL, AMAR NATH (KESHARWANI)
Sandhya Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Ajay Pal Singh, Advocate, Ankit Agrawal, Advocate

JUDGMENT

SUJOY PAUL, J. - This intra Court appeal takes exception to order dtd. 1/2/2023 passed in W.P. No. 2268 of 2023 whereby learned Single Judge has issued notices to the respondents and granted limited conditional interim protection to the appellant.

2. The appellant is aggrieved to the extent learned Single Judge has declined to grant interim protection against the direction to register the first information report (FIR).

3. The relevant facts are that appellant/petitioner was a Surpanch till 2020. The specified authority/CEO, Jila Panchayat Satna (respondent No.3) passed an order dtd. 2/1/2023 whereby a recovery was imposed on the petitioner and in addition, the CEO Janpad Panchayat Maihar was directed to lodge a FIR against the petitioner and the other persons concerned.

4. Shri Ajay Pal Singh, learned counsel for the petitioner submits that impugned order was passed in exercise of power under Sec. 92 of the Panchayat Raj and Gram Swaraj Adhiniyam, 1993 (Adhiniyam). Sub Sec. 4 of Sec. 92 makes it clear that principles of natural justice are codified in the shape of Sub Sec. 4 of Sec. 92.

5. The two folds submissions raised are that -

    i) under Sec. 92 of the Adhiniyam, the s

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