LAWS(MPH)-2014-8-12

VINOD KUMAR KHATOR Vs. STATE OF M.P.

Decided On August 06, 2014
Vinod Kumar Khator Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) HEARD finally with the consent of both the parties. By means of this petition preferred under Section 482 of Cr.P.C., the petitioner claims for the following reliefs: -

(2.) LEARNED counsel for the petitioner submits before this court that earlier W.P. No. 5366/13(s) was filed by the present petitioner under Article 226 of the Constitution of India praying for direction to produce the entire proceedings of seizure and locking of the clinic/premises of the petitioner by respondent No. 3 therein. It was also sought to be declared that since the respondents No. 2 and 3 therein were no authority to lock the premises of the petitioner, the premises be unlocked forthwith with payment of compensation for the illegal and unauthorized act. This petition was allowed by the order dated 12/9/13.

(3.) IT is submitted by the counsel Shri Gupta that instead of obeying the directions dated 11/10/13 mentioned hereinabove, the respondents/State has filed a criminal complaint in the court of Chief Judicial Magistrate, Gwalior under Sections 3 and 8 of M.P. Upcharyagriha Tatha Rujopchar Sambandhi Sthapana (Registrikaran Tatha Anugyapan) Act, 1973 and in that complaint case, an application was filed by the petitioner on 3rd March, 2014 to unlock the sealed premises of the petitioner. The said application was dismissed by CJM, Gwalior vide order dated 6/5/14 in Criminal Case No. 16424/13. Against that order, Cri. Rev. No. 200/14 was preferred. It was dismissed on 11/7/14 from the court of 12th Additional Sessions Judge, Gwalior.