IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL th ON THE 11 OF JULY, 2023 MISC. CRIMINAL CASE No. 47459 of 2022 BETWEEN:-

MANISH SINGH S/O LATE SHRI D R SINGH, AGED ABOUT 52 YEARS, OCCUPATION: PRINCIPAL SECRETARY URBAN ADMINISTRATION AND HOUSING DEPARTMENT OFFICE AT DIRECTORATE OF URBAN ADMINISTRATION AND DEVELOPMENT DEPARTMENT BHOPAL (MADHYA PRADESH)

.....PETITIONER (SHRI GAURAV MISHRA- LEARNED COUNSEL FOR THE PETITIONER)

AND MUKESH JAIN S/O SHRI ASHOK KUMAR JAIN SARDAR BAZAR IN FRONT OF PIPAL WALE HANUMANJI, BHIND (MADHYA PRADESH)

.....RESPONDENT (SHRI DHARMENDRA RISHISHWAR- LEARNED COUNSEL FOR THE RESPONDENT)

MISC. CRIMINAL CASE No. 58505 of 2022 BETWEEN:-

PANKAJ SRIVASTAVA S/O LATE SHRI BHAGWAN PRASAD, AGED ABOUT 54 YEARS, OCCUPATION: ADDITIONAL DGP INTELLIGENCE BUREAU C-II/4 TILAK LANE, NEW DELHI (DELHI)

.....PETITIONER (SHRI GAURAV MISHRA- LEARNED COUNSEL FOR THE PETITIONER)

AND MUKESH JAIN S/O SHRI ASHOK KUMAR JAIN SADAR BAZAAR IN FRONT OF PIPAL WALE HANUMANJU BHIND (MADHYA PRADESH)

Signature Not Verified Signed by: MAHENDRA .....RESPONDENT (SHRI DHARMENDRA RISHISHWAR- LEARNED COUNSEL FOR THE RESPONDENT)

Both the petitions coming on for ADMISSION this day, the court passed the following COMMON:

ORDER

Since the facts of both petitions are same, therefore, they are heard simultaneously and disposed of by this common order.

Aforesaid petitions u/S 482 of CrPC have been preferred by petitioners-

Manish Singh and Pankaj Shrivastava against the common order dated 15-09- 2022 passed by Additional Judge to the Court of First Additional Sessions Judge, Bhind (MP) in Criminal Revision Nos. 44 of 2021 and 45/2021 confirming common order dated 25-02-2021 passed by Court of JMFC, Bhind in Case No. 419 of 2014 (RCT) whereby, the criminal revisions filed by petitioners have been rejected and in pursuance thereof, cognizance has been taken against petitioners under Sections 120-B, 166, 167, 500 of IPC and Protection of Human Rights Act, 1993 on the complaint filed by Mukesh Jain (herein respondent).

Facts giving rise to present petitions, in short, are that on the basis of letter dated 25-01-2005 written by petitioner Pankaj Shrivastava, the then Superintendent of Police, Bhind, an order of detention was passed on 27-01- 2005 by the then District Magistrate, Bhind, namely, petitioner Manish Singh against respondent Mukesh Jain, son of Ashok Jain, aged about 23 years, resident of Sadar Bazar, PS Kotwali, District Bhind under Section 3(2) r/w Section 3(3) of National Security Act on the basis of report along with criminal antecedents of Mukesh Jain as well as on the basis of evidence of witnesses, namely, Yogendra Singh Jadon, Shri Ramnarayan Jatav, Ramesh Chandra, Signature Not Verified Signed by: MAHENDRA Shri Umesh Chandra Shri K.R. Sijoriya, TI of PS Kotwali as Mukesh Jain is involved in various criminal activities since 2002 and many criminal cases have been registered against him and he is a hardened criminal. For maintaining public peace and tranquility, aforesaid order of detention was passed after a letter was sent to the State Government who approved for its proposal to the District Magistrate. Respondent Mukesh Jain was taken into custody and lodged in Central Jail, Gwalior. Thereafter, he preferred an appeal before the Advisory Board and vide its order dated 10-03-2005 the Advisory Board revoked order of detention and an order of release was issued on 14-03-2005 whereby Mukesh Jain was released on 21-03-2005. Thereafter, Mukesh Jain filed a complaint against the petitioners before the Judicial Magistrate First Class and on the said compliant, the Judicial Magistrate First Class vide order dated 25-02-2021 took cognizance of offence under Sections 120-B, 166, 167, 500 of IPC and the Protection of Human Rights Act, 1993 against the petitioners and co-accused Shri K.R.Sijoriya, the then Police Station In-Charge, City Kotwali. Being aggrieved, petitioners filed criminal revisions before the Revis