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2023 DIGILAW 1296 (SC)

Shiv Kumar Sharma v. State of Madhya Pradesh

2023-10-30

ABHAY S.OKA, PANKAJ MITHAL

body2023
ORDER : 1. Leave granted. 2. Heard the learned senior counsel appearing for the parties. 3. The prayer made by the appellant before the High Court in a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) was for quashing the First Information Report. By the impugned order, the High Court has rejected the said petition without going into the merits of the case made out by the appellant. Strangely, the High Court has observed that the Investigating Officer will give opportunity to the appellant to explain the material collected against him during the investigation before submission of the final report under Section 173 of Cr.P.C. To say the least, such approach is very strange and contrary to law. 4. In any case, the appellant's case on merits has not been considered by the High Court. 5. Hence, by setting aside the impugned judgment and order dated 12th April, 2023, we restore Miscellaneous Criminal Case No. 13012 of 2023 before the High Court. 6. We direct the Registrar (Judicial) of the Madhya Pradesh High Court to list the restored petition before the roster Bench on 8th December, 2023 in the morning. The parties shall appear before the roster Bench on that day. 7. To enable the High Court to consider the case on merits, we extend the interim relief granted by this Court on 18th August, 2023 till 8th January, 2024 with a liberty to the appellant to apply to the High Court for continuation of interim relief in the event the remanded case is not decided till 8th January, 2024. The High Court will decide the case of the petitioner on merits without being influenced by the interim relief granted by this Court. 8. All contentions are left open, to be considered by the High Court. 9. The appeal is accordingly allowed on the above terms.