THE HIGH COURT OF MADHYA PRADESH
(RAJBAHADUR SINGH Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 26-02-2018
Shri Pradeep Katare, learned counsel for the petitioner.
Shri Pradeep Pachouri, learned Pubic Prosecutor for respondent
Issue notice to respondent No.2 by Registered Post AD on
payment of process fee within three days, returnable in two weeks.
Case diary be called for.
As an interim measure, it is directed that petitioner shall
cooperate with the police authority investigating the crime but police
shall not arrest him untill further orders looking to the fact that earlier
respondent No. 2 had filed a petition under Habeas Corpus seeking
custody of his wife and children. That petition was rejected,wherein
wife had appeared before the Court and had submitted that they are
living away from the petitioner on their own sweet will being harassed
by respondent No. 2 Shri Bharat Parashar. Thereafter W.A. No.
156/17 was filed that too was rejected vide order dated 15.03.2017.
Thereafter respondent No. 2 had filed an application under Sections 7
and 10 of the Guardians and Wards Act seeking custody of his minor
Son Chandra Mohan @ Betu, that too was rejected and thereafter
private complaint has been filed.
In view of such facts it is directed that no coercive action of
arrest shall be taken against the petitioner. However, it is made clear
that this direction of coercive action shall be applicable as long as
petitioner continues to cooperate with the investigation and appear
before the concerned investigating officer giving information by the
List this case in the week commencing 12.03.2018.
Digitally signed by SHANU RAIKWAR
Date: 2018.02.26 17:58:46 +05’30’