NEETA SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) This reference case is arising out of the order of learned Single Judge passed in this petition at Jabalpur on 23.7.2019 and listed before the Bench as per the order of Hon'ble the Acting Chief Justice. Learned Single Judge at Gwalior vide order dated 21.1.2019 in M.Cr.C. No. 3037/2019 observed that the petitions under Section 482 of the Cr.P.C. challenging the FIR and consequential proceedings should not be accepted by the Registry without filing the charge-sheet. The Bench at Jabalpur is of the proposition that such direction is contrary to the High Court of Madhya Pradesh Rules, 2008 (hereinafter referred to as the Rules of 2008) and not justified. However, made the reference to Larger Bench to answer the following question:-

(2.) Learned counsel appearing for the applicant as well learned Advocate General are heard at length. During the course of hearing, the amendment made in Chapter XI of the Rules of 2008 after Rule 10, has been brought to our notice. The relevant Rule 10(A) is hereby quoted as under:-

(3.) On perusal, it is luculent that to present the petition under Section 482 of the Cr.P.C. seeking quashment of the FIR, a declaration is required to be accompanied with the petition, with respect to non filing of the charge sheet. It further indicates that in case the charge sheet or the order framing charges, are under challenge, petition shall accompany the complete charge sheet and documents along with the declaration that the documents produced with the petition are complete.