LAWS(MPH)-2014-2-26

STATE OF M P Vs. JYOTIRADITYA SCINDIA

Decided On February 07, 2014
STATE OF M P Appellant
V/S
JYOTIRADITYA SCINDIA Respondents

JUDGEMENT

(1.) This writ appeal has been filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 aggrieved of the order dated 19.11.2012 passed by the learned Single Judge in W.P.No.7984/2011 allowing the petition filed by the respondent/petitioner.

(2.) According to the learned counsel for the appellants, the judgment is not sustainable. It has been submitted that the writ Court has misconstrued the provisions of Section 195(1) of Cr.P.C. as bar to take cognizance of offence under Section 188 of IPC while registering the FIR.

(3.) We have gone through the order passed by the learned Single Judge, wherein it has been held as under:-