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1 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.3409 of 2019 Indore, dated : 11.03.2019 Shri A. Sirpurkar, learned Senior Counsel with Shri Abhishek Rathore, learned counsel for the applicant.
None for the non-applicant.
On 01.03.2019, no one appeared on behalf of the non-applicant and the Court had afforded one opportunity to the non-applicant to appear on the next occasion, failing which Court shall proceed to hear submissions on stay application.
The present petition has been filed under Section 482 of Cr.P.C. for quashment of order dated 14.05.2015 and subsequent proceedings pending in Criminal Case No.13669/2015.
Learned Senior Counsel for the applicant submits that Co- ordinate Bench of this Court has granted stay in similar matter. He has placed for perusal orders dated 24.10.2018 passed in M.Cr.C. No.42276/2018 and 03.05.2016 passed in M.Cr.C. No.8801/2015 (Dr. Kailash Singh Verma vs. M. P. Pollution Control Board). He has also pointed out that M. P. Pollution Control Board has registered case under Sections 43, 44 and 47 of the Water (Prevention and Control of Pollution) Act, 1974 for allegedly not taking due care in disposal of residues remaining from slaughter activities.
In the orders passed by the Co-ordinate Bench of this Court, it has been pointed out that the applicant was Dr. Kailash Singh Verma, who is the same applicant in the case in hand as well.
Learned Senior Counsel for the applicant submits that there are three slaughter houses and stay has been granted in rest of the two 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.3409 of 2019 matters, which have been registered against the present applicant.
On perusal of the orders of the Co-ordinate Bench, it appears that for want of sanction under Section 197 of Cr.P.C., stay was granted and same appears to be the reason in this case as well.
On due consideration, I.A. No.638/2019 is allowed and stands disposed of. Consequently, no proceedings against the applicant shall ensue in the case registered against him till the next date of hearing.
Also heard on the question of admission. Petition is admitted for final hearing. List the matter for final hearing in due course. Certified copy, as per rules.
(Shailendra Shukla) Judge gp Digitally signed by Geeta Pramod Date: 2019.03.12 10:34:18 +05'30'