Madhya Pradesh High Court Monthly Digest: April 2022 [Citations 91 - 131]

Jagdish arora and anr v. Union of India 2022 LiveLaw (MP) 92

Dadhibal Prasad Jaiswal V Smt. Sunita Jaiswal 2022 LiveLaw (MP) 93

Smt. Farha @ Premlata and ors v Indore Municipal Corporation and ors. 2022 LiveLaw (MP) 94

DR. SURYA TIWARI v. THE STATE OF MADHYA PRADESH AND ORS. 2022 LiveLaw (MP) 95

Smt. Kala Devi v State of M.P. and others 2022 LiveLaw (MP) 96

Dilip alias Kalu Pal Vs. State of M.P. 2022 LiveLaw (MP) 97

Amrutlal Sanghani and Ors. v. State of Madhya Pradesh and Ors. 2022 LiveLaw (MP) 98

Kishor Choudhary v. State of Madhya Pradesh and Anr., with connected matters 2022 LiveLaw (MP) 99

MUNICIPAL CORPORATION, DHAR v. NASREEM 2022 LiveLaw (MP) 100

Prakash Singh and Nandita Singh v. State of MP and anr 2022 LiveLaw (MP) 101

Nirman Sagar Vs. Smt. Monika Sagar Chaudhari and another 2022 LiveLaw (MP) 102

Rajesh Bhoyale v. Smt. Mahadevi 2022 LiveLaw (MP) 103

AHMED FAIZ v. THE STATE OF MADHYA PRADESH 2022 LiveLaw (MP) 104

Alok Lodhi & Ors. Vs. State of MP & Anr. 2022 LiveLaw (MP) 105

Anil Kumar Tripathi Vs. Doorsanchar Nigam Ltd. (BSNL) 2022 LiveLaw (MP) 106

Dr. Mohita Pandey v. State of Madhya Pradesh and Ors., with connected matters 2022 LiveLaw (MP) 107

The State Of Madhya Pradesh V Shyam Sundar Sharma 2022 LiveLaw (MP) 108

INDRAJEET PATEL v. THE STATE OF M.P. 2022 LiveLaw (MP) 109

Parag Pandit V Smt.Sadhana 2022 LiveLaw (MP) 110

Parenteral Drugs (India) Limited versus Gati Kintetsu Express Pvt Ltd 2022 LiveLaw (MP) 111

STATE OF M.P. AND ORS. VERSUS SMT. NIRMALA RAWAT 2022 LiveLaw (MP) 112

B.P.@ AMRAT SINGH GURJAR VS. STATE OF M.P. 2022 LiveLaw (MP) 113

Adroit Industries (India) Ltd. v. Union of India 2022 LiveLaw (MP) 114

FATHER OF PROSECUTRIX-X v STATE OF MADHYA PRADESH 2022 LiveLaw (MP) 115

ABHISHEK v. THE STATE OF MADHYA PRADESH 2022 LiveLaw (MP) 116

Smt. Kamla Sharma and others Vs. Sukhdevlal and others 2022 LiveLaw (MP) 117

RAVISH SOOD ALIAS AMAN Vs THE STATE OF MADHYA PRADESH 2022 LiveLaw (MP) 118

AMITABHA GUPTA v. STATE OF MADHYA PRADESH 2022 LiveLaw (MP) 119

The Prosecutrix Vs. State of M.P. & Ors. 2022 LiveLaw (MP) 120

Rajaram and ors v State Of MP 2022 LiveLaw (MP) 121

BANTU ROHRA Vs THE STATE OF MADHYA PRADESH 2022 LiveLaw (MP) 122

Vipin Rajput Vs. State of MP 2022 LiveLaw (MP) 123

Fareeda Bee V The State Of Madhya Pradesh And Ors 2022 LiveLaw (MP) 124

ABHIJEET CHAUDHARY AND ORS. v. M.P. PUBLIC SERVICE COMMISSIONER, with connected matters. 2022 LiveLaw (MP) 125

Technosteel Infraprojects Pvt. Ltd Vs The State Of Madhya Pradesh 2022 LiveLaw (MP) 126

Brijmohan Sharma Vs. State of M.P. 2022 LiveLaw (MP) 127

Rajveer Singh Jatav Vs. State of MP 2022 LiveLaw (MP) 128

NEERAJ v. SUDHIR AGRAWAL AND ORS. 2022 LiveLaw (MP) 129

Sandeep Yadav v. State of Madhya Pradesh and Anr. 2022 LiveLaw (MP) 130

Devendra Lodhi Vs. State of M.P. 2022 LiveLaw (MP) 131

ROUNDUP OF THE MONTH

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC

Case Title: Urmila sen and anr. V. The state of Madhya Pradesh and anr.

Citation: 2022 LiveLaw (MP) 91

The Madhya Pradesh High Court directed the lower court to ascertain the value of bail bond of the Applicant who was granted bail by the High Court, without mentioning the bail amount.

The Court further directed the trial court to remain cautious while dealing with a bail order, as it had refused to ascertain amount for bail bond despite being made aware of the decision of the Apex Court in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.

High Court Can Exercise Inherent Jurisdiction U/S 482 CrPC To Modify Bail Conditions, S.362 CrPC Not Bar: Madhya Pradesh HC

Case Title: Jagdish arora and anr v. Union of india

Case Citation: 2022 LiveLaw (MP) 92

The Madhya Pradesh High Court amended a condition of Bail of two persons accused of tax evasion, which would consequently allow them to travel abroad 'in furtherance of their business and professional pursuits.'

The division bench of Justice Sheel Nagu and Justice M.S. Bhatti was essentially dealing with an application under Section 482 CrPC moved by the Applicants accused under Section 132(1)(a) and 132(1)(i) of Central Goods and Services Tax Act, 2017, seeking amendment in one of their conditions for bail, which would allow them to travel to Germany for business purposes.

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Case Title : Dadhibal Prasad Jaiswal V Smt. Sunita Jaiswal

Case Citation: 2022 LiveLaw (MP) 93

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the order of the lower court allowing revision against rejection of an application under Section 91 CrPC, moved by his wife.

'Indore City Cleanest In India': Madhya Pradesh High Court Says Municipal Corporations Can Clear Scrap Material From Private Land If Owners Don't

Case Title : Smt. Farha @ Premlata and ors v Indore Municipal Corporation and ors.

Case Citation: 2022 LiveLaw (MP) 94

Citing environmental concerns, the Madhya Pradesh High Court, Indore Bench recently refused to interfere with the direction of the Writ Court, whereby the landowners were directed to remove scrap material and other items from their land. The division bench of Justice Vivek Rusia and Justice A.N. Kesharwani was dealing with a writ appeal preferred by Appellants who were aggrieved by the order of the Writ Court, whereby the Municipal Corporation was directed to remove scrap material and other items from the land of the Appellants/Petitioners.

MP High Court Directs Govt. Medical College To Issue Appointment Letter To Candidate Selected For Post Of Assistant Professor

Case Title: DR. SURYA TIWARI v. THE STATE OF MADHYA PRADESH AND ORS.

Case Citation: 2022 LiveLaw (MP) 95

The High Court of Madhya Pradesh recently directed a Government Medical College to issue appointment letter to the Petitioner, who was a successful candidate for the post of Assistant Professor in the said Institution.

The case of the Petitioner was that she had appeared for the interview round for the post of Assistant Professor in a Government Medical College at District Vidisha. She was later declared to be a successful candidate under the general category. However, the College did not issue the letter of appointment even after 40 days of announcing the result. She argued that due to some political pressure, the authority concerned was trying to recruit some other candidate instead of her. She further submitted that despite having shortage of faculty in medical colleges across the State, the authorities are dragging their feet to issue her the appointment letter.

Family Of Person Employed In Regular Work-Charged Establishment, Cannot Be Deprived Of Pension Which It Would Be Entitled By Virtue Of Mp Pension Rules, 1979: Madhya Pradesh High Court

Case Title : Smt. Kala Devi v State of M.P. and others

Case Citation: 2022 LiveLaw (MP) 96

The High Court of Madhya Pradesh, Gwalior Bench recently held that a harmonious reading of Rule 4A, 6 (3) of M.P. Pension Rules, 1979 and Rule 47 of M.P. Civil Services (Pension) Rules, 1976 would reveal that family of a person employed in a regular work-charged establishment, cannot be deprived of the pension, which it would be entitled for by virtue of Rule 4A of Rules, 1979.

The Division Bench of Justice Rohit Arya and Justice M.R. Phadke was dealing with a writ appeal preferred by the Appellant against the order passed by the Writ Court, wherein her prayer for directing the State to provide her with family pension was rejected.

MP High Court Grants Temporary Bail To Rape Accused For Taking Care Of Wife & Repairing Dilapidated Dwelling

Case Title: Dilip alias Kalu Pal Vs. State of M.P.

Case Citation: 2022 LiveLaw (MP) 97

The Madhya Pradesh High Court, Gwalior Bench on Tuesday, granted temporary bail for 45 days to a rape accused to take care of his injured wife and to repair his house, which was in a poor condition.

Justice G.S. Ahluwalia was dealing with the fourth bail application moved by the Applicant accused for offences punishable U/S 376(d) and 304/34 IPC. The Applicant had submitted that although in the DNA test report, his DNA profile was found in the incriminating articles of the Prosecutrix, the DNA test report appeared to be suspicious. He further submitted that his wife had fallen from a bike, sustaining injuries. He also pleaded before the Court that his house was in a dilapidated condition and if it was not repaired, it may fall in the rainy season. For the said reasons, he sought for a grant of temporary bail for a period of six months.

Insecticide Not An Essential Commodity Under Essential Commodities Act: Madhya Pradesh High Court

Case Title: Amrutlal Sanghani and Ors. v. State of Madhya Pradesh and Ors.

Case Citation: 2022 LiveLaw (MP) 98

The Madhya Pradesh High Court on Tuesday held that 'insecticide' does not figure in the Schedule annexed to the Essential Commodities Act, 1955 and thus, the provisions and offences mentioned therein are not attracted relating to 'insecticide'.

The Court thereby quashed the FIR registered against the Applicants under the Act, holding that insecticides do not come under the ambit of the Essential Commodities Act. The FIR also contained allegations under the Insecticides Act but the same was quashed for the reason that they were non-cognizable in nature.

State Services Exam Rule Barring Meritorious Reserved Category Candidates From Merging In General Seats Discriminatory: MP High Court

Case Title: Kishor Choudhary v. State of Madhya Pradesh and Anr., with connected matters

Case Citation: 2022 LiveLaw (MP) 99

The Madhya Pradesh High Court on Thursday, struck down Rule 4(3)(d)(III) of M.P. State Services Examination Rules, 2015 which barred meritorious candidates from reserved categories to secure birth as unreserved candidates at the stage of preliminary and main examinations, as unconstitutional.

Observing that the impugned rule led to 'Artificial classification', the division bench of Justice Sujoy Paul and Justice D.D. Bansal called it 'arbitrary, discriminatory and violative of equality clause enshrined in Article 14 of the Constitution'-

'For Award To Become Binding, It Should Be Passed In Compliance With Principles Of Natural Justice': Madhya Pradesh High Court

Case Title: MUNICIPAL CORPORATION, DHAR v. NASREEM

Case Citation: 2022 LiveLaw (MP) 100

Setting aside an ex-parte award, the Madhya Pradesh High Court, Indore Bench recently held that an award by labour court becomes binding only when it is passed in compliance with the principles of natural justice.

Relying on the decision of the Apex Court in Haryana Suraj Malting Limited vs. Phoolchand, Justice Anil Verma observed-

Merely because an award had become enforceable, it does not mean that it had become binding. For an award to become binding, it should be passed in compliance with the principles of natural justice. An award passed denying an opportunity of hearing when there was a sufficient cause for non-appearance could be challenged on the ground of it being nullity. An award which is a nullity could not be and should not be a binding award.

Unbecoming Of A Person Donning Silk To Address Court This Way: MP High Court Calls For 'Strictest' Action Against Senior Counsel

Case title - Prakash Singh and Nandita Singh v. State of MP and anr

Case Citation: 2022 LiveLaw (MP) 101

The Madhya Pradesh High Court voiced its disapproval to an attempt made by Senior Advocate Mrigendra Singh to call for the recusal of the presiding judge (Justice Atul Shridharan) saying that he should rescue himself because of an apparent bias on the Judge's part. In response to the call made by the Senior advocate, the Bench observed that the designation of any Advocate as a Senior Advocate is an investiture of Honour for his vast knowledge, erudition, articulation, and legal acumen.

Claim For Maintenance U/S 125 CrPC Lies Where Parties Reside, Not Places Where "Flying Visits" Are Made: MP High Court

Case Tite :Nirman Sagar Vs. Smt. Monika Sagar Chaudhari and another

Case Citation: 2022 LiveLaw (MP) 102

The Madhya Pradesh High Court, Gwalior Bench has recently held that the word "resides" under Section 126 CrPC cannot be equated to a place where one makes 'a casual stay or a flying visit'.

The provision provides that proceedings for maintenance under Section 125 may be taken against any person in any district: (a) where he is, or (b) where he or his wife, resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

Long Standing Domestic Dispute Constitutes 'Mental Cruelty' To Spouse Who Intends To Live In Peace: Madhya Pradesh HC

Case title - Rajesh Bhoyale v. Smt. Mahadevi

Case Citation: 2022 LiveLaw (MP) 103

Dissolving a marriage on an appeal filed by the husband alleging cruelty at the hands of his wife, the Madhya Pradesh High Court recently observed that a long-standing dispute itself is mental cruelty to a party who intends to live in a domestic relationship and peace. The Bench of Justice Sheel Nagu and Justice Anand Pathak observed thus as it allowed the appeal filed by the appellant-husband against the judgment of the Family Court, Gwalior rejecting his application under Section 13 (1)(ia) of the Hindu Marriage Act 1955 seeking a divorce.

'Prosecutrix Was Aware Of His Religion': MP High Court Grants Bail To Man Accused Of Hiding Religious Identity & Committing Rape

Case Title: AHMED FAIZ v. THE STATE OF MADHYA PRADESH

Case Citation: 2022 LiveLaw (MP) 104

The Madhya Pradesh High Court, Indore Bench recently granted bail to the Applicant accused of hiding his religious identity, rape and further sending 'objectionable video clips' of the Prosecutrix to her fiance, which 'led to cancellation of her marriage'.

Justice Subodh Abhyankar was hearing a bail application under Section 439 CrPC moved by the Applicant accused of offences punishable under Section 376, 376(2)(n), 328 IPC and under Section 3, 5 of M.P. Freedom of Religion Act and under Section 66 (e) of I. T. Act.

'FIR Lodged With Revengeful Intent To Pressurize & Harass In-Laws': MP High Court Quashes FIR Registered U/S 498A IPC

Case Title: Alok Lodhi & Ors. Vs. State of MP & Anr.

Case Citation: 2022 LiveLaw (MP) 105

The Madhya Pradesh High Court, Gwalior Bench recently quashed the FIR filed by a wife against her in-laws under Section 498-A IPC, observing that the same was filed 'to wreak vengeance' and 'with a revengeful intent in order to pressurize and harass' her in-laws.

Justice R.K. Shrivastava was dealing with an application under Section 482 CrPC moved by the Applicants seeking directions of the Court to quash the FIR registered against them for offences punishable under Section 498A, 506, 34 IPC and the consequential criminal proceedings against them.

'Requisition Of Record From Arbitral Tribunal Not Akin To Remanding Matter': Madhya Pradesh High Court

Case Title: Anil Kumar Tripathi Vs. Doorsanchar Nigam Ltd. (BSNL)

Citation: 2022 LiveLaw (MP) 106

The High Court of Madhya Pradesh, Gwalior Bench recently held that a court can direct requisition of record from arbitral tribunal and that the same would not be akin to remanding the matter to the tribunal but to ascertain the exact nature of dispute through record of case

Justice Anand Pathak was essentially dealing with a writ petition moved by the Petitioner who was aggrieved by the order of the commercial court, whereby it sought for original record of arbitrator before considering the application U/S 34 of the Arbitration and Conciliation Act, 1996.

PG Medical Admission | Unfilled Reserved Category Seats For In-Service Candidates To Be Filled Category-Wise In Totality And Not Vertically As Within Compartment Only: MP HC

Case Title: Dr. Mohita Pandey v. State of Madhya Pradesh and Ors., with connected matters

Citation: 2022 LiveLaw (MP) 107

The High Court of Madhya Pradesh recently held that the unfilled reserved category seats within the 30 percent reserved quota for in-service candidates, for admission in Post-Graduation in Medical Courses, shall be filled by reserved category students. The Court rejected the contention raised by the Petitioners that since the 30 percent quota of seats were reserved for in-service candidates, the unfilled reserved category seats ought to be offered first to in-service candidates belonging to unreserved/general category

'Shocked Beyond Words As To How Such Direction Could Be Passed': MP High Court Imposes Rs.1 Lakh Cost On Petitioner For Creating 'False Documents' & Obtaining 'False Order'

Case Title: The State Of Madhya Pradesh V Shyam Sundar Sharma

Citation: 2022 LiveLaw (MP) 108

Setting aside the order passed by its single bench, the High Court of Madhya Pradesh recently expressed its shock over the conduct of the Petitioner for getting the matter listed before the Writ Court. The Court was also dismayed by the manner in which the single bench had passed the order, concluding that it was done to pre-empt the State from taking any action against the Petitioner for the illegal acts committed by him.

The division bench of Chief Justice Ravi Malimath and Justice P.K. Kaurav went on to impose a cost of Rs. 1,00,000/- on the Petitioner, observing that he had 'misused the rights granted to him, created false documents and obtained a false order.'

Madhya Pradesh High Court Warns Lower Court Judge For Allegedly Denying Bail On Caste Lines

Case Title: INDRAJEET PATEL v. THE STATE OF M.P.

Citation: 2022 LiveLaw (MP) 109

The Madhya Pradesh High Court recently warned an Additional Sessions Judge for allegedly showing bias by denying bail to the Applicant whose case was on a better footing than his co-accused who was granted bail despite recovery of stolen property

Taking strong exception to the conduct of the lower court judge, Justice Vivek Agarwal held-

Let warning be issued to the concerned Judge Shri Prashant Shukla, First Additional Session Judge, Maihar, District Satna and copy of this order and warning be placed in his service book to be more cautious and judicious in his approach in future so that image of the judiciary can be saved and such allegations of casteism and bias are not allowed to be levied so to tarnish collective image of judiciary.

Man Can't Run Away From Responsibility Towards Son & Wife By Simply Seeking Divorce To Serve His Parents: Madhya Pradesh High Court

Case Title: Parag Pandit V Smt.Sadhana

Citation: 2022 LiveLaw (MP) 110

The Madhya Pradesh High Court, Indore Bench recently dismissed the appeal preferred by Appellant/husband for grant of divorce, holding that being a husband and a father, he could not run away from the responsibility by simply taking divorce on the ground that he wants to serve his mother and father for the remainder of his life or that he and his wife were not living together for many years.

Elucidating the concept of marriage as per Hindu Laws, the division bench of Justice Vivek Rusia and Justice A.N. Kesharwani observed-

"Based on Hindu law, marriage is a sacred tie and the last of ten sacraments that can never be broken. Also, it is a relationship that is established by birth to birth. Also, it is not only considered as sacred but it is also a holy union. The main objective of marriage is to enable a woman and a man to perform their religious duties. Along with this, they also have to beget progeny. Based on ancient writings, a woman is considered half of her husband and thus completes him. While a man is also considered incomplete without a woman."

Arbitration Award Can't Be Challenged In Different Jurisdiction Stating That There Was No Arbitration Agreement: Madhya Pradesh High Court

Case Title: Parenteral Drugs (India) Limited versus Gati Kintetsu Express Pvt Ltd

Case Citation: 2022 LiveLaw (MP) 111

The Madhya Pradesh High Court has ruled that even if a party disputes the existence of an arbitration agreement, an application under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) to set aside an arbitral award cannot be filed in a Court not having jurisdiction under the arbitration agreement, solely on the ground that cause of action arose within its jurisdiction.

The Single Bench of Justice Subodh Abhyankar held that the contention that since there was no arbitration agreement between the parties, therefore, the arbitral award could also be challenged wherever the cause of action arose between the parties, would defeat the provisions of Section 16 and Section 34 of the A&C Act and lead to a chaotic situation.

MP High Court Suggests State To Consider Categorizing Penalties For Anganwadi Workers Along The Lines Of Service Rules As Major & Minor Punishments

Case Title: STATE OF M.P. AND ORS. VERSUS SMT. NIRMALA RAWAT

Citation: 2022 LiveLaw (MP) 112

The Madhya Pradesh High Court, Indore Bench recently suggested the State Government to amend the circular governing the service rules of Anganwadi Workers by categorising their penalties as major and minor punishments.

The Court further observed that irrespective of the gravity of mistakes of an Anganwadi Worker, the only recourse available to authorities to take action against them, as per the said circular, was their termination.

'Either IOs Deliberately Leaving Lacuna Or Don't Know Evidence Law': MP High Court Grants Bail To Man Arrested On Confession Of Co-Accused

Case Title: B.P.@ AMRAT SINGH GURJAR VS. STATE OF M.P.

Citation: 2022 LiveLaw (MP) 113

The Madhya Pradesh High Court, Gwalior Bench recently granted bail to a man arrested on the basis of the confessional statement of a co-accused, observing that lately, it has become a norm for the police department to file charge-sheet against accused persons merely on the basis of a confessional statement made by the other co-accused.

Hearing the bail application moved by the Applicant under Section 439 CrPC, Justice G.S. Ahluwalia noted-

In number of cases, it is being observed that the police is filing charge-sheet against the co-accused persons merely on the basis of confessional statement made by the co-accused. They do not try to collect any substantive evidence against the accused persons. It appears that either the Investigating Officer is deliberately leaving lacuna in the investigation or he does not know the law of evidence.

Benefit Of MEIS Scheme Can't Be Availed If Not Opted In Shipping Bill At The Time Of Export: Madhya Pradesh High Court

Case Title: Adroit Industries (India) Ltd. v. Union of India

Citation: 2022 LiveLaw (MP) 114

The Madhya Pradesh High Court bench of Justice Vivek Rusia and Justice Amarnath Kesharwani has held that the benefit of the Merchandise Exports From India Scheme (MEIS) cannot be availed if it is not opted for in the shipping bill at the time of export.

The petitioner/assessee, a private limited company, is in the business of manufacturing automobile parts. The petitioner has sought the declaration for relaxation/condonation of the procedure lapse of non-mentioning of MEIS scheme in the shipping bills at the time of export. The petitioner sought the direction that the MEIS be awarded to the petitioner on exports of their products via Shipping Bills issued in 2017-18 and 2018-19.

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused

Case Title : FATHER OF PROSECUTRIX-X v STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 115

The Madhya Pradesh High Court recently set aside the bail granted to rape accused under the provisions of POCSO Act, observing that although the medical report of the Prosecutrix did not mention any definite opinion of rape, it pointed out that her hymen was ruptured and two fingers were easily going in her vagina, which prima facie corroborated the fact that she was sexually abused.

Dealing with the application for cancellation of bail under Section 439(2) CrPC moved by the father of the Prosecutrix, Justice R.K. Dubey observ

Though, in the medical examination report of the prosecutrix, it is mentioned that no definite opinion can be given regarding rape but apart from that it is also mentioned that the hymen was old torn and two fingers were easily going in the vagina which prima facie corroborates the fact that she was sexually abused.

Live-In Relation A By-Product Of Constitutional Guarantee Of Art 21; It Promotes Promiscuity, Lascivious Behavior: Madhya Pradesh High Court

Case Title - ABHISHEK v. THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 116

The Madhya Pradesh High Court recently termed the bane of live-in-relationship as a by-product of the Constitutional guarantee as provided under Article 21 of the Constitution, and has observed that such relations promote 'promiscuity' and 'lascivious behavior', giving further rise to sexual offences.

"Those who wanted to exploit this freedom are quick to embrace it but are totally ignorant that it has its own limitations, and does not confer any right on any of the partners to such relationship," the bench of Justice Subodh Abhyankar further remarked as it rejected the anticipatory bail of a 25-year-old man who has been accused of raping a woman, with whom he allegedly had a live in relation.

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court

Case Title : Smt. Kamla Sharma and others Vs. Sukhdevlal and others

Citation: 2022 LiveLaw (MP) 117

The Madhya Pradesh High Court, Gwalior Bench recently held that false statements made in an application under section 45 of the Indian Evidence Act, which did not have any impact on the outcome of the said application, cannot be a ground to initiate proceedings under section 340 CrPC.

Justice G.S. Ahluwalia was essentially dealing with an application under section 482 CrPC moved by the Applicants, aggrieved by the order of the lower court, whereby their application under section 340 CrPC was rejected.

Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife

Case Title: RAVISH SOOD ALIAS AMAN Vs THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 118

The High Court of Madhya Pradesh recently granted temporary bail to a murder accused for 90 days so that he could take care of his pregnant wife, whose delivery was due in a week.

Justice Sanjay Dwivedi was dealing with a bail application U/S 439 CRPC moved by the Applicant accused for offences punishable U/S 302, 307, 294, 506, 147, 148, 149, 323, 324, 34 of the IPC.

The Applicant was seeking temporary bail on the ground that his wife was pregnant and her date of delivery was expected in a week. As submitted that as per the advice of the doctor, she was to be hospitalized. He further submitted that she would have to undergo surgery and that it would take her some time to recover. Accordingly, he prayed three months of temporary bail to take care of his wife as there was nobody in the family to look after her.

Madhya Pradesh High Court Dismisses PIL Accusing State Of "Demolishing" Houses Of Accused/ Suspects Without Lawful Sanction

Case Title: AMITABHA GUPTA v. STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 119

The Madhya Pradesh High Court on Wednesday dismissed a PIL seeking interference of the Court in the recent spree of demolishing houses and other pukka constructions by police in the State, belonging to people allegedly in conflict of law.

Questioning the locus standi of the Petitioner, a practicing advocate, the division bench of Chief Justice Ravi Malimath and Justice P.K. Kaurav observed that there was no nexus between him and the people whose properties were demolished. Hence, the Court opined, it was for the people who were directly aggrieved by the demolitions to move the Court-

POCSO Case Pending Since 4 Yrs, Accused Adopting Dilatory Tactics: Madhya Pradesh High Court Directs Trial Court To Conduct Day To Day Hearing

Case Title : The Prosecutrix Vs. State of M.P. & Ors.

Citation: 2022 LiveLaw (MP) 120

The Madhya Pradesh High Court recently directed a trial court to conduct hearing in a POCSO case as expeditiously as possible, on a day to day basis, taking note that the same has been pending since 4 years and the accused has been adopting dilatory tactics to avert it.

Justice Anand Pathak observed,

"The fact situation of the case and legal position, it is imperative that trial be conducted as expeditiously as possible on day to day basis in view of Section 35(1) and (2) of POCSO Act. Any default or defiance by the accused shall be dealt with sternly by the trial Court as per the different provisions available in Cr.P.C"

Madhya Pradesh High Court Converts Wife's Conviction U/S 302 IPC For Burning Husband To Death To S.304, Says Act Committed In 'Heat Of Passion'

Case Title : Rajaram and ors v State Of MP

Citation: 2022 LiveLaw (MP) 121

The Madhya Pradesh High Court, Indore Bench recently converted the conviction of the Appellants, including the wife of the deceased, under Section 302 to Section 304 IPC, for burning the deceased to death, observing that the same was done under the heat of passion.

While acquitting the Appellants, the Court also took into consideration that they were first-time offenders and that Appellant/wife had to take care of her children.

'Huge Scam, Hand In Gloves With Govt Officers': Madhya Pradesh High Court Directs DGP To Investigate Irregularities In Procurement Of Paddy

Case Title : BANTU ROHRA Vs THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 122

The Madhya Pradesh High Court recently directed the DGP of the State to handover the investigation of a case related to alleged irregularity in paddy procurement, to a special agency or any responsible officer since prima facie, the case appeared to be a huge scam involving misuse of public money.

Justice Sanjay Dwivedi was essentially dealing with an application for grant of anticipatory bail, moved by the Applicant accused for offences punishable U/S 407, 409 and 420 IPC.

Approach Bar Council If Lawyer Not Serious Towards Profession: MP HC Rejects Plea To Recall Witness For Cross-Examination Over Counsel's Absence

Case Title: Vipin Rajput Vs. State of MP

Citation: 2022 LiveLaw (MP) 123

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application moved by Applicant/accused to recall a prosecution witness for cross-examination on the grounds that his lawyer could not cross-examine the witness as the members of the bar were abstaining from work on the date when his case was listed.

Hearing the application under Section 482 CrPC, moved by the Applicant, Justice G.S. Ahluwalia observed-

If the applicant has engaged a lawyer who is not serious towards his profession, then the applicant has a remedy to approach the Bar Council and if the counsel for the applicant was working as per the instructions of the applicant, then the applicant cannot run away from his liability of not cross-examining the prosecution witness Ranjana Chauhan on 28.12.2021, 29.12.2021 and 11.01.2022.

Won't Demolish House Without Following Due Process Of Law, MP Govt Tells HC On Plea Of Wife Of Khargone Riots Accused

Case Title : Fareeda Bee V The State Of Madhya Pradesh And Ors

Citation: 2022 LiveLaw (MP) 124

The High Court of Madhya Pradesh, Indore Bench, recently received assurance from the State of Madhya Pradesh that the authorities won't proceed with demolition of House of the Petitioner, whose husband was accused in the Khargone riots case, without following due process of law. The Petitioner was allegedly being threatened by the State with an ultimatum of razing down her house because of her husband's arrest.

'Expert Committee Did Not Consider Authentic Data': MP High Court Grants Relief To Candidates Challenging Answer Key In MPPSC Exam

Case Title: ABHIJEET CHAUDHARY AND ORS. v. M.P. PUBLIC SERVICE COMMISSIONER, with connected matters.

Citation: 2022 LiveLaw (MP) 125

The Madhya Pradesh High Court recently granted relief to Petitioners/candidates challenging the correctness of the answer key to a question asked by MPPSC in an examination. The Court observed that although opinion of the Expert Committee has to be given precedence, the same cannot be done by jeopardising the future of candidates when the Experts fail to consider authentic data.

The Court further held that since the question was related to forest, which was a subject on the concurrent list as per Schedule VII of the Constitution of India, data put forth by the Union of India would be held superior to that of the State Government.

Clerical Mistake In Address On E-Way Bill: Madhya Pradesh High Court Imposes Minor Penalty

Case Title: Technosteel Infraprojects Pvt. Ltd Vs The State Of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 126

The Madhya Pradesh High Court bench of Justice Sheel Nagu and Justice Manindar Bhatti has held that a minor penalty can be imposed for a clerical mistake in the address on an e-way bill.

The petitioner/assessee, a private company in the business of steel as well as HT wires, entered into an agreement with Reva Engineering Pvt. Ltd., Jabalpur, for the supply of goods. As per the agreement, the goods had to be delivered to the factory at Rewa. The agreement ultimately resulted in the transportation of a consignment by Aryan Transport Company, Nagpur by vehicle.

MP High Court Directs Enquiry Into Conduct Of Public Prosecutor For 'Adopting Delaying Tactics' By Joining Hands With Accused

Case Title : Brijmohan Sharma Vs. State of M.P.

Citation: 2022 LiveLaw (MP) 127

The Madhya Pradesh High Court, Gwalior bench recently directed the DGP of the State to send a Police Officer for a training for not less than six months to learn the law and the manner of investigation.

Court passed the said directions pursuant to its observation on a regular basis that the police was filing charge-sheet only on the basis of confessional statements made by the accused persons without making any effort to collect any substantive evidence against them.

Send SHO For Six Months Training To Learn Law & Manner Of Investigation: Madhya Pradesh High Court Directs DGP

Case Title: Rajveer Singh Jatav Vs. State of MP

Citation: 2022 LiveLaw (MP) 128

The Madhya Pradesh High Court, Gwalior Bench has recently directed the State authorities to look into the conduct of a Special Public Prosecutor for not cooperating with the trial court in recording testimony of a witness. The Court also directed the authorities to enquire if her continuation on the post would be in the interest of justice or not.

Hearing the bail application moved by the Applicant U/S 439 CRPC, Justice G.S. Ahluwalia observed-

This conduct of the Special Public Prosecutor cannot be appreciated. Accordingly, the Principal Secretary, Law and Legislative Department, State of M.P., Bhopal and the District Magistrate Bhind are directed to look into the conduct of Smt. Hemlata Arya, Special Public Prosecutor, in not cooperating with the Trial Court for recording of examination-in-chief of the prosecution witness Subedar Khan. The authorities are directed to review as to whether the continuation of Smt. Hemlata Arya as Special Public Prosecutor will be in the interest of justice or not? However, it is directed that the present case be immediately withdrawn from the Special Public Prosecutor.

Statutory Protection U/S 33 Of Industrial Dispute Act Applicable In Pending Reference U/S 17(2) Of Working Journalists Act: Madhya Pradesh HC

Case Title: NEERAJ v. SUDHIR AGRAWAL AND ORS.

Citation: 2022 LiveLaw (MP) 129

The Madhya Pradesh High Court, Indore Bench recently held that the provisions under Section 33 of the Industrial Disputes Act restraining the employer from changing service conditions of workman during pendency of a dispute can be applied in pending reference under Section 17(2) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Act of 1955).

MP High Court Quashes Lower Court Order Allowing Application Of Alleged Rape Victim U/S 311 CrPC To Recall Herself

Case Title: Sandeep Yadav v. State of Madhya Pradesh and Anr.

Citation: 2022 LiveLaw (MP) 130

The Madhya Pradesh High Court recently set aside the order of the trial court allowing the application moved by the Prosecutrix in a rape case to recall herself as a witness.

The Court held that the impugned order of the lower court was passed by accepting the averments of the Prosecutrix as 'gospel truth', without carrying out any enquiry regarding the same.

Justice Atul Sreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant assailing the order of the lower court, whereby the application moved by the Prosecutrix under Section 311 CrPC was allowed.

Madhya Pradesh High Court Expresses Concern Over Sessions Courts 'Blindly' Rejecting Bail Applications Of Accused

Case Title: Devendra Lodhi Vs. State of M.P.

Citation: 2022 LiveLaw (MP) 131

The High Court of Madhya Pradesh, Gwalior Bench on Friday, expressed its concern regarding the Sessions Courts blindly rejecting bail applications of the accused without going into the merits of the case. The Court further observed that even for petty matters, the litigants were being forced to approach the High Court from remote and deserted regions, putting 'unnecessary financial burden' upon them.