Pushpendra Singh vs State Of M.P

Vishal Mishra, J

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this petition has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Heard the learned counsel for the parties.

The present petition has been filed under section 482 of Cr.P.C. for modification of the condition that "subject to verification of the fact that no other criminal case is registered against the present applicant/petitioner Pushpendra Singh" in the order dated 21.08.2020 passed in M.Cr.C.No.24678/2020.

Learned counsel for the applicant submits that at the time of arguments, he was not aware of the fact that the criminal cases are pending against the present applicant/petitioner Pushpendra Singh. However, on verification, it came to the notice that two other criminal case are pending against him. One was registered at Crime No. 66/2014, Police Station Daboh, District Bhind for the offence under Section 302 of IPC and other was registered at Crime No.159/2018, Police Station Daboh, District Bhind for the offence under the Arms Act. It is submitted that the applicant is on bail in other offences. It is further argued that at the time of arguments, the State counsel has also submitted that there is no criminal history of the present applicant as per the case diary. Thus, there is a bonafide mistake committed by the counsel for the applicant, but the fact remains that there are two other criminal cases registered against the present applicant/petitioner Pushpendra Singh. The aforesaid amounts to suppression of material information from the Court by the applicant as well as by the concerning S.H.O. who has submitted the case diary before the AG Office. Counsel for the applicant/petitioner has further argued that in similar circumstances, this Court has passed an order in M.Cr.C.No. 22763/2020 (Sonu Vs. State of M.P.). He submits that he is agreeable to the aforesaid terms.

In the aforesaid terms, the Court deems it appropriate to allow the petition and the condition imposed by this Court in the order dated 21.08.2020 passed in M.Cr.C.No.24678/2020 to the effect that "subject to verification of the fact that no other criminal case is registered against the present applicant/petitioner Pushpendra Singh" stands deleted subject to payment of cost of Rs.25,000/- (Rs. Twenty Five Thousand Only) by the applicant/petitioner Pushpendra Singh to be deposited before the Principal Registrar of this Court within a period of seven working days from today and on the presentation of deposition of the cost amount the order dated 21.08.2020 passed in M.Cr.C.No.24678/2020 will be executed and released warrant will be prepared. This Court also deems it appropriate to impose the cost upon the concerning S.H.O. who has furnished incomplete information before the AG Office.

The concerning S.H.O., Police Station Kotwali, Datia is also directed to deposit the cost of Rs.25,000/- (Rs. Twenty Five Thousand Only) to the Principal Registrar of this Court within a period of seven working days.

The total cost of Rs.50,000/- deposited shall be utilized for the benefits of children at Mercy Home, Gwalior as per their requirements. The Registrar of this Court is directed to inform the Administrator of the Mercy Home, Gwalior regarding the cost. If the cost is not deposited within seven working days, the matter be listed under the heading of "directions" before this Hon'ble Court.

The order passed in the present petition shall be read conjointly with the order dated 21.08.2020 passed in M.Cr.C.No.24678/2020.

With the aforesaid modification, this petition is disposed of.

A copy of this order be placed in the record of M.Cr.C.No. 24678/2020.

A copy of the order be communicated to the Superintendent of Police, District Datia for necessary compliance.

E-copy of this order be provided to the applicant/petitioner and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.