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Kailash Chandra Gaud vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 11 March 2026 · Citation: (2026) 03 MP CK 0804

HON’BLE JUDGES
Milind Ramesh Phadke, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 193(9), 528 · Code Of Criminal Procedure, 1973 — Section 173(8)
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 7019 Of 2026
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Judgment

10 paragraphs · 238 words

Milind Ramesh Phadke, J

1.

This petition under Section 528 of BNSS, 2023 filed by the petitioner seeking following reliefs:

2.

That, charge sheet (Annexure P/1) may kindly be quashed;

3.

That, respondent be further directed to conduct the fresh/reinvestigate.

4.

That, any other relief including the cost of petition be given.

2.

A limited prayer has been made by the counsel for the petitioner that if the learned Court below be directed to decide the application under section 173 (8) of Cr.P.C. read with section 193 (9) of BNSS (Annexure P/3) expeditiously and decide the same within a time bound manner in accordance with the provisions enumerated of the Cr.P.C/BNSS, the grievance of the petitioner would be redressed.

3.

Per contra, learned Public Prosecutor for the State submits that if such directions are issued, he has no objection.

4.

Looking to the innocuous prayer made by the counsel for the petitioner which is not opposed by the other side, the petition is disposed of with a direction to the learned Court below to decide the application under section 173 (8) of Cr.P.C. read with section 193 (9) of BNSS (Annexure P/3) in accordance with the provisions of Cr.P.C/BNSS as expeditiously as possible within a period of three months from the date of receipt of certified copy of the order.

5.

With the aforesaid directions, the petition stands disposed of.

6.

E-copy/Certified copy as per rules and directions.