SATYA NARAYAN OMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has a chequered history. This petition is placed before this Court after being revived by an order of the Division Bench passed on 07.09.2012 in W.A.No.47/2012 where the Division Bench was pleased to pass the following order:

(2.) Thus, the only question that remains to be answered by this Court is as to whether the order of dies non passed by the State on 10.11.2008 Annexure P -9 is legal and valid. Petitioner submits that the notice Annexure P -6 dated 01.10.2008 given to the petitioner of being heard in response to an earlier order passed in W.P.No.2548/2003 on 27.01.2008, was in respect of a dies non order dated 04.11.1998 whereas the impugned order dated 10.11.2008 Annexure P -9 passed by the State, confirmed the order of dies non passed earlier on 04.11.1999.

(3.) It is pertinent to point out at this juncture that the basic order of dies non which is not disputed by the petitioner is of