IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 19 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 47049 of 2023 BETWEEN:-

ROBINKANT @ DEEPAK S/O SRHI SURENDRA UPADHYAY, AGED ABOUT 39 YEARS, OCCUPATION: PRIVATE WORK PICHSAYI 387 GF SHAKTIKAND 3 NER VAN MALLM INDRAPURA SHIVRASUN CITY GAZILABAD (UTTAR PRADESH)

.....APPLICANT (BY SHRI P.S. TOMAR - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR PS MAKRONIYA SAGAR (MADHYA PRADESH)

2. DR ASHOK SINGHAI S/O LATE SHRI SWAROOP CHAND SINGHAI, AGED ABOUT 63 YEARS, OCCUPATION: EYE SURGEON SINGHAI EYE CARE AND HOMEO HOSPITAL RAJKHEDI MAKRONIYA SAGAR SAGAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI SANJEEV SINGH PARIHAR - PANEL LAWYER FOR THE STATE)

(SHRI YUVRAJ VAIDYA - ADVOCATE FOR RESPONDENT NO.2)

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

ORDER

This petition has been filed by the applicant invoking the extraordinary jurisdiction of this Court under Section 482 of Cr.P.C. for recalling the ex-order dated 3.8.2023 passed by this Court in M.Cr.C. No. 20319 of 2023.

2. It is contended by the counsel for the applicant that as the present applicant was being prosecuted i