KRISHNA PATI TRIPATHI Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of counsel for the parties, the matter is finally heard.

(2.) The case has been assigned to this Court in pursuance to the notification issued by the High Court in pursuance to the order of the Supreme Court passed in Writ Petition (Civil) No.699/2016- Ashwini Kumar Upadhyay v. Union of India and others. The petitioner being a member of Legislative Assembly, Semariya Assembly, Rewa and as such, this matter is placed before this Court.

(3.) As per the facts of the case, the respondent No.4 who was working as a Chief Executive Officer, Janpad Panchayat, Sirmour, District Rewa lodged an FIR on 16/8/2022 making an allegation against the accused persons but in the said FIR there was neither any whisper about the present petitioner nor any allegation has been levelled against the petitioner in the alleged crime. In pursuance to the FIR, offence got registered vide Crime No.354 on 2022 against five persons under Sec. 341, 342, 294, 147, 148, 149, 353, 332, 325 and 333 of the Indian Penal Code. The charge-sheet was filed before the Court below against the five persons but investigation was left open against some other accused persons as per Sec. 173(8) of Cr.P.C.