Madhya Pradesh High Court: In a petition filed by petitioners, including BJP leader Akshay Kantilal Bam seeking stay of proceedings before the Sessions Court, a single-judge bench of Sanjeev S. Kalgaonkar, J., stayed further proceedings till next date of hearing and directed the State to submit the case diary and relevant documents.
In the instant matter, the petitioners are facing trial under Section 307 of the IPC that had been pending before the learned JMFC, Indore since 2014. The complainant filed an application seeking cognizance under Section 307 IPC on 06-04-2024. Acting on the said application, the JMFC committed the case to the Sessions Court by order dated 24-04-2024 and observed that an offence punishable under Section 307 IPC appeared to be made out. Following this, the Sessions Court framed charges on 07-03-2025, and scheduled the matter for recording of evidence on 30-04-2025.
The petitioners filed a petition seeking stay of proceedings before the Sessions Court and contended that the continuation of proceedings based on such circumstances would cause “severe prejudice” to the petitioners. The petitioners contended that the sudden move to charge them under Section 307 IPC, after 17 years of trial, raises serious questions, particularly in light of the timing, coinciding with the political ambitions of petitioner 1. It was argued that the charge under Section 307 IPC is belated and politically motivated. It was contended that the application for such charge was filed only after the declaration of election candidature by petitioner 1.
However, the State opposed the petition and the interim application and submitted that the JMFC acted within jurisdiction in committing the case to the Sessions Court based on material on record and the Sessions Court rightly framed charges under Section 307 IPC, as prima facie offence was made out.
The Court noted that the petition primarily assails the framing of charges by the Sessions Court. In light of the peculiar facts and circumstances of the case, the Court passed the following order —
-
Stayed the further proceedings of the trial till the next date of hearing.
-
Directed the State Counsel to requisition and submit the case diary and relevant documents for consideration.
-
Listed for further hearing on 02-05-2025.
[Akshay Kantilal Bam v. State of M.P., 2025 SCC OnLine MP 3041, Decided on 04-04-2025]
Advocates who appeared in this case :
Raghvendra Singh Raghuvanshi, Counsel for the Petitioners
Shri Rajesh Joshi, Government Advocate, Counsel for the Respondent/State
