SHAURABH KUMAR TRIPATHI vs THE STATE OF MADHYA PRADESH - 2024-02-05

O R D E R

Leave granted.

Heard the learned senior counsel appearing for the appellant and the learned counsel appearing for the respondent-State and the learned counsel appearing for the respondent No.2.

In a petition filed by the appellant for quashing the proceedings of a criminal trial, the High Court entertained the petition, but declined to grant stay. The High Court did not fix the case for hearing within a reasonable time. While passing the impugned order of rejecting the prayer for stay, the High Court simply adjourned the case to enable the respondent No.2 to file a reply. The High Court did not even fix a date for hearing.

Hence, we set aside the impugned order of the High Court to the extent to which the application for stay was dismissed.

We direct the Registrar (Judicial) of the High Court of Madhya Pradesh at Indore to list the case before the roster Bench on 4th March, 2024 in the morning. The appellant and the respondents shall be represented on that day before the High Court. It is not necessary for the High Court to issue formal notice to them. On 4th March, 2024 the High Court will fix a date either for hearing the prayer for interim relief or for disposal of the petition for quashing the proceedings of criminal trial.

To enable the High Court to consider the case and pass appropriate order, we direct that the interim relief granted by this Court on 11th December, 2023 will continue to operate till 19th April, 2024. The High Court to decide the case on its own merits.

The appeal is accordingly partly allowed.

..........................J.

(ABHAY S.OKA)

..........................J.

(UJJAL BHUYAN)

NEW DELHI;

February 05, 2024.

ITEM NO.43 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 16231/2023

(Arising out of impugned judgment and order dated 04-09-2023 in IA No.14313/2022 in MCRC No.52304/2022 passed by the High Court of M.P at Indore)

SHAURABH KUMAR TRIPATHI Petitioner(s)

VERSUS STATE OF MADHYA PRADESH & ANR. Respondent(s)

(IA No. 249722/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 249724/2023 - EXEMPTION FROM FILING O.T.

IA No. 249721/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 05-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s)

Mr. V.K.Shukla,Sr.Adv.

Mr. Shailendra Mani Tripathi,Adv.

Ms. Jyoti Kumari,Adv. Mr. Lakshy Rathi,Adv.

Mr. Chand Qureshi, AOR For Respondent(s)

Mr. Pashupathi Nath Razdan, AOR Ms. Maitreyee Jagat Joshi, Adv.

Mr. Astik Gupta, Adv.

Ms. Akanksha Tomar, Adv.

Mr. Argha Roy, Adv.

Mr. Aviral Vikas Khare, Adv. Mr. Sudhanshu Kaushesh, Adv.

Mr. Raghav Sehgal, Adv. Mr. Pulkit Agarwal, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is partly allowed in terms of the signed order.

Pending applications also stand disposed of.

(ANITA MALHOTRA) (AVGV RAMU)

AR-CUM-PS COURT MASTER

(Signed order is placed on the file.)