IN THE HIGH COURT OF MADHYA PRADESH

BENCH AT INDORE

M.Cr.C.No. No. ...................... of 2020

Applicant : Ramkumar
In Jail
Versus

Respondent :
Non-applicant : State of M.P.

Application for urgent Hearing

May it please Your Lordship
It is most humbly and respectfully submitted on behalf of applicant as under :-
1- That applicant has preferred this application for correction in the order
dated 2-9-2020 passed by Hon’ble SHri Justice Virender Singh Saheb in
MCRC no 31399/2020.
2- That applicant is in jail.
3- That there is lock down in the country due to CORONA pendemic. As
the lock down is extended therefore there is no likely of normal court
working in near future.

It is therefore humbly prayed that applicant’s application may kindly be heard

urgently through Video conferencing and oblige.

Place: Indore
Date: 14-9-2020 Submitted by
Yash Pal Rathore
Counsel for Applicant
 IN THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
M.Cr.C.NO……………../2020

Applicant : Ramkumar s/o Mathuralal Jat

IN jail Age 25 years Occupation: Agriculturist
Address Near Charbhujanath Temple Sawaipur
Tehsil Kotdi district Bhilwara Raj
Versus

Respondent/ Prosecution -----: State of M.P. through

P.S.Singoli district Neemuch

1st Application under Section 482 of

the Code of Criminal Procedure, 1973
For correction in order dated 2-9-2020 passed in MCRC 31399/2020 passed by
Hon’ble Shri Justice Virender Singh Saheb.

Crime No 111/2019 registered at Police station Singloi district Neemuch for the
offence punishable u/s 8/15 NDPS act

The applicant named above respectfully begs to submit as under:-

1- That applicant has filed an application u/s 438 Cr.PC. which was registered as
MCRC 31399/2020.

2- That vide order dated 2-9-2020 passed in MCRC 31399/2020 application was
allowed by Hon’ble SHri Justice Virender Singh Saheb.

3- That due to typing mistake in place of application u/s 438 CRPC application
u/s 439 CRPC and bail bond before trial court in place of arresting officer has
been typed in the order.

4- That due to aforesaid error trial court and arresting officer are not accepting
the bail bond furnished by the applicant.
 5- That all other grounds may kindly be permitted to submit at the time of
hearing.

6- That applicant is in jail therefore application is submitted on requisite court fee

within limitation within jurisdiction of this hon’ble court.

PRAYER
1- It is therefore, prayed that Court may kindly be pleased to order that in order
dated 2-9-2020 passed in MCRC 31399/2020 in place of application u/s 438
CRPC application u/s 439 CRPC shall be read and bail bond be furnished
before arresting officer & oblige
2- Any other relief in favor of applicant this hon’ble court deems fit to grant may
also be granted.

Place: Indore
Date: 14-9-2020 Yash Pal Rathore
Advocate for Applicant
 IN THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE

M.Cr.C.No. No. ...................... of 2020

Applicant : Ramkumar

Versus

Respondent :
Non-applicant : State of M.P.

Index

S.No. Description of Documents Annexure No Page No.

1. Application for urgent Hearing 1

2- Brief 2

3- Undertaking 3-

4-Acknowledgment of service of advance copy 4

5-Application u/s 482 Cr.P.C. 5-6

6-Order passed in MCRC 31399/20 8-9

7-Vakalatnama 10

Place: Indore
Date: 14-9-2020 Submitted by

Yash Pal Rathore

Counsel for Applicant

1- Full Name of the Advocate/party : Yashpal Rathore Advocate

2- Mobile No. of advocate linked
With whatsapp . : 9827049691(Whatsapp no)
and alternative no 9977471614
3- Email of the advocate : advo.yashpalrathore@gmail.com
4- Email of the opposite party : advocategeneralmp@gmail.com
5- Bar council Enrolment No. : Adv/MP/2951/1996
IN THE HIGH COURT OF MADHYA PRADESH
 BENCH AT INDORE

M.Cr.C.No. No. ...................... of 2020

Applicant : Ramkumar

Versus

Respondent :
Non-applicant : State of M.P.

Brief

May it please your lordship

It is most humbly and respectfully submitted on behalf of applicant as under :

1- That vide order dated 2-9-2020 passed in MCRC 31399/2020 application was
allowed by Hon’ble SHri Justice Virender Singh Saheb.

2- That due to typing mistake in place of application u/s 438 CRPC application
u/s 439 CRPC and bail bond before trial court in place of arresting officer has
been typed in the order.

3- That due to aforesaid error trial court and arresting officer are not accepting
the bail bond furnished by the applicant.

Place: Indore
Date: 14-9-2020 Submitted by
Yash Pal Rathore
Counsel for Applicant
 IN THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE

M.Cr.C.No. No. ...................... of 2020

Applicant : Ramkumar
In Jail
Versus

Respondent :
Non-applicant : State of M.P.

Undertaking

I Yashpal Rathore advocate Indore counsel for the applicant in the above titled
case submits undertaking as under :-

1- That soft copies of all relevant documents in the matter have been sent
to the e.mail ID advocategeneralmp@gmail.com of the respondent
State and

2- That No intimation has been received indicating that the e-mail message
as at (1) above could not be delivered at the intended e-mail address

3- That All documents e-filed by me are true copies of the documents filed
by me under the scheme. I shall file the original of all e.filed documents
within the time period of 72 hours after resumption of normal functioning
of High Court and I shall pay the requisite court fee/deficit court fee,
Adhivakta Kalyan Nidhi in the prescribed manner as per Rule within
the time period of 72 hours after resumption of normal functioning of
High Court. I undertake to pay deficit court fee & AKN if any as personal
liability.

Place: Indore
Date: 14-9-2020 Submitted by
Yash Pal Rathore
Counsel for Applicant
 IN THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
Second Appeal No. 584.2003
Appellant :------------------- Kalabai
Vs
Respondents :------------- Mayaram
Application under order 39 r 1 & 2 c.p.c

May it please your Lordships,

Respondent no 2 and 3 most humbly & respectfully it is submitted as under -

(1) That, appellant has filed this second appeal against the concurrent
findings of the courts below before this Hon’ble court.

(2) That appeal was listed for final hearing and till next date Hon’ble
Court was pleased to passed interim stay order in favor of appellant
so far as it relates to the delivery of possession.

(3) That, appellant has entered into agreement to sell the suit property to
one Vallabh saraf for Rs. 2 crore and has received Rs. 25 Lakh in
advance and is going to execute the sale deed of suit property which
is included share of the respondent also. On 13-08-2020 respondent
s send a notice to the appellant that during the pendency of this
appeal appellant cannot sell transfer and create third party right over
the suit property.

(4) That, in execution proceedings Tehsildar has completed the partition

formalities and finalized Batwara Fard of Khasra no 68/10/1 Aera 1
Ht. in favor of respondents in case no 35- A 27/2018-19.

(5) That prima facie case and balance of convenience is in favor of the
respondent , if appellant are not restrained from selling, transfer,
change the nature, construct , sell, alienate, enter into agreement to
sell or transfer by any other mode, create charge mortgage on the
 suit property it would cause irreparable loss and injury to the
respondent which could not be compensated in terms of money.

It is therefore humbly prayed that till the final disposal of the appeal appellant’s
may kindly be restrained from selling, transfer, change the nature, construct ,
sell, alienate, enter into agreement to sell or transfer by any other mode,
create charge mortgage on the suit property and to maintain status quo.

Indore Submitted by
Date 14-9-2019 ( counsel for Respondent)
 IN THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE

Second Appeal No. 584.2003

Appellant :------------------- Kalabai
Vs
Respondents :------------- Mayaram

Application for urgent Hearing

May it please Your Lordship
It is most humbly and respectfully submitted on behalf of applicant as under :-
1- That, appellant has entered into agreement to sell the suit property to
one Vallabh saraf for Rs. 2 crore and has received Rs. 25 Lakh in
advance and is going to execute the sale deed of suit property which is
included share of the respondent also. On 13-08-2020 respondent s
send a notice to the appellant that during the pendency of this appeal
appellant cannot sell transfer and create third party right over the suit
property.

It is therefore humbly prayed that applicant’s application may kindly be heard

urgently through Video conferencing and oblige.

Place: Indore
Date: 14-9-2020 Submitted by
Yash Pal Rathore
Counsel for respondent