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P. Petitioner(s) v. State Of Madhya Pradesh And Another (s).
Factual and Procedural Background
This order concerns preliminary procedural directions in relation to a Special Leave Petition (SLP). The court recorded that it heard learned counsel for the Petitioner and perused the material placed on record. Permission to file the Special Leave Petition was granted. An interlocutory application (I.A. No. 26838/2022) seeking leave to file the petition without disclosing the identity of the Petitioner was allowed. The court directed issuance of notice, returnable on 18.04.2022, and permitted dasti service in addition. Counsel appearing on caveat for respondent No. 2 (Ms. Charu Ambwani) accepted notice and waived service of formal notice on that respondent. The court directed that a counter affidavit, if any, be filed in the meantime.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The order is purely procedural. After hearing learned counsel for the Petitioner and perusing the record, the court exercised its discretion to:
- Grant permission to file the Special Leave Petition.
- Allow I.A. No. 26838/2022, thereby permitting the petition to be filed without disclosure of the Petitioner’s identity. The order records the allowance but provides no further reasoning.
- Issue notice, setting a returnable date of 18.04.2022, and authorize dasti service to expedite service.
- Record that counsel appearing on caveat for respondent No. 2 accepted notice and waived formal service for that respondent.
- Invite filing of a counter affidavit, if any, in the interim.
No determination on the merits of the underlying dispute was made at this stage.
Holding and Implications
Holding:
- Permission to file the Special Leave Petition is granted.
- I.A. No. 26838/2022 (to file the petition without disclosing the Petitioner’s identity) is allowed.
- Notice issued, returnable on 18.04.2022; dasti service permitted.
- Counsel for respondent No. 2 on caveat accepts notice and waives formal service; counter affidavit, if any, to be filed in the meantime.
Implications: The matter will proceed with notices served and a scheduled return date. The Petitioner is permitted to maintain anonymity as per the allowed interlocutory application. Respondent No. 2 is deemed served through counsel’s acceptance and waiver of formal service. The order does not decide any substantive rights and sets no new precedent; it governs only the immediate procedural steps in the case.
1. Permission to file Special Leave Petition is granted.
2. Heard learned counsel for the Petitioner and perused the material placed on record.
3. I.A. No. 26838/2022- application for filing the Petition without disclosing the identity of the Petitioner is allowed.
4. Issue notice, returnable on 18.04.2022.
5. Dasti service, in addition, is permitted.
6. Ms. Charu Ambwani, learned counsel, who appears on caveat on behalf of respondent No. 2 accepts notice and waives service of formal notice on the said respondent.
7. Counter affidavit, if any, be filed in the meantime.
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