2022 Supreme(Online)(MP) 3566
HIGH COURT OF MADHYA PRADESH
Bhaskar Rao Rokade – Appellant
Versus
The State Of Madhya Pradesh – Respondent
Advocates:
Ajay Pal Singh,Advocate General
This petition under Article 226 of the Constitution of India is filed seeking issuance of writ of certiorari quashing the complaint of respondent no. 4 and proceedings in Criminal Case No. 2389/2007 pending before the trial court.
It is apparent from the documents available on record that petitioner is approaching this court being aggrieved of order dated 16/12/2015 which he has cleverly omitted to mention in the relief clause.
Firstly, after seven years how petition is maintainable is the issue. The second issue is that admittedly, petitioner had filed M.Cr.C. No. 13440/2009 as is evident from Annexure P-3 wherein vide order dated 13/08/2013, the application was dismissed for want of prosecution.
Petitioner's counsel admits that this M.Cr.C. was filed seeking quashing of the complaint.
Petitioner had a remedy of seeking restoration of said M.Cr.C. apparently filed under Section 482 of the Cr.P.C. but instead of seeking restoration of said M.Cr.C., petitioner has now approached this High Court saying that proceedings in the criminal case be quashed.
A perusal of the order dated 16/12/2015 reveals that the trial court has recorded a finding that accused Bhaskar Rao Rokade is abscond
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