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2021 Supreme(MP) 368

MOHAMMAD RAFIQ, RAJEEV KUMAR DUBEY, VIJAY KUMAR SHUKLA
Arun Parmar – Appellant
Versus
State of M. P. – Respondent


Advocates:
Naman Nagrath with Anvesh Shrivastava and Jubin Prasad, Anshuman Singh and Manoj Kumar Sharma for respective petitioners; Pushpendra Yadav, Additional Advocate General for respondents/State; Abhishek Arjaria for intervenor.

ORDER

Rafiq, CJ. -- 1. These matters have been laid before the Larger Bench upon a reference made by the Division Bench of this Court, doubting correctness of the earlier decision of the Full Bench, consisting of three Judges, in Masood Akhtar (Dr.) v. R.K. Tripathi reported in 2012 (I) MPJR (FB) 375 : 2012 SCC OnLine MP 11024. (Though the Division Bench in the reference order has mentioned Prakash Chandra Jangre (State of Madhya Pradesh and another v. Prakash Chandra Jangre) as the main case, but the lead judgment of the Full Bench was delivered in Masood Akhtar (supra). It may be noted at the outset that the aforementioned decision of Full Bench was challenged by the State of Madhya Pradesh by filing Special Leave Petition (Civil) No.20288/2012 (State of M.P. v. Masood Akhtar) and other connected matters, which were dismissed by the Supreme Court vide order dated 1.9.2017 (2017 SCC OnLine SC 1972). Thereafter, Review Petition (Civil) No. 2663/2018, (State of M.P. v.Masood Akhtar) arising therefrom was also dismissed by the Supreme Court vide order dated 18.9.2019 (2018 SCC OnL

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