INDRA KUMAR PANCHAL Vs. DIGVIJAY SINGH

JUDGEMENT

(1.) This order shall also dispose of M. Cr. No. 195/96, Suresh Gupta and Anr. v. Shri Digvyaysingh & Ors., as similar question of facts and law have been raised in both the petitions.

(2.) Brief facts of the case are that one Sadhvi Ritumbhara a religious person and social worker was arrested in the midnight of 23rd and 24th April 1995. Shri Suresh Gupta (petitioner No. 1 of M. Cr. No. 195/96) filed a petition bearing W.P. No 596/95 before this court for grant of habeas corpus and challenged the arrest and proceedings under Sections 151, 107 and 116(3) of the Cr. P.C. passed by S.D.M. Indore under Section 118 of the Cr. P.C. The Division Bench of this court vide order dated 27 -4-1995 quashed the proceedings; During the pendency of W.P. No. 596/95 a case under, Section 153-A, I.P.C. was registered against Sadhvi Riturnbhara and a formal arrest for that offence was made in Gwalior jail.

(3.) As such Sadhvi Ritumbhara filed a Writ petition (W.P. No. 571 /95) on 3-5-1995 the Division Bench, of his, court allowed the petition on 5-5-1995 and, ordered that Sadhvi Riturnbhara be set at liberty for with. Aggrieved by this order (Ex. P/2) the State Government - filed S.L.P. vide S.L.P. (Crl). No. 1886-87/95 before, the Supreme Court of India. The Apex Court of this country vide order dated 12-5-1995 directed issuance of show cause notice. The State Government, thereafter, made request of adjournment and the case was, as such pending before the Apex Court.