RAMKUMARI GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant petition filed u/Art. 226 of the Constitution assails the FIR bearing Crime No. 98/2016 registered at police station Badoni, District Datia (M.P.) alleging offences punishable u/Ss. 420, 467, 471, 406, 409, 447 IPC against the petitioners No. 1 and 2. Petitioner No.1 is former Sarpanch of Gram Panchayat Sahodara, Tahsil and District Datia whereas petitioner No.2 is her husband in this case.

(2.) The matter was taken up today on Thursday which is a final hearing day and when the case was called, learned counsel for the petitioners sought adjournment on the ground that the State has not supplied copy of the return filed in this case.

(3.) The said request for adjournment is declined on the ground that the return alongwith its annexures shall not be considered while adjudicating the matter. It is pertinent to mention here that return of the State has merely denied the allegations in the petition and is accompanied by the copy of the charge-sheet filed on 16/8/2017 in the court of competent criminal jurisdiction alleging same offences as alleged in the FIR. Thus for the purpose of adjudication of the present petition, the return accompanied with charge-sheet filed by the State are being ignored.