In an interim direction, the Madhya Pradesh High Court has stayed the proceedings of appeal pending before the additional sessions judge special court (MP/MLA), Bhopal filed by Congress leader Ajay Singh the order of his conviction in the defamation case.
The defamation case was filed by ex-CM Shivraj Singh Chouhan’s wife Sadhna Singh in the court at Bhopal.
The high court has issued notice to Sadhna Singh during hearing of a writ petition filed by Ajay Singh.
The court order said ‘In the meantime, further proceedings of appeal pending before the 21st Additional Sessions Judge and Special Judge (MP/MLA), Bhopal, shall remain stayed till the next date of hearing’.
The Special Judge (MP/MLA Court) JMFC Bhopal has convicted the petitioner under section 500 of the Indian Penal Code and sentenced to imprisonment till rising of the Court and fine of Rs.10000, his appeal is pending before the special judge (MP MLA court), 21st Additional Sessions Judge Bhopal, the petitioner’s counsel Umesh Trivedi said.
The petitioner submits that Special Judge court has exercised jurisdiction of trial court has recorded statements of three prosecution witnesses has framed questionnaire for statement of accused, has recorded statement of accused and has also recorded the statements of defence witnesses and has posted the case for final arguments then the case was transferred to Special Judge (JMFC) who only heard arguments and passed the judgement.
Thus the special judge court has exercised the jurisdiction of the trial court hence cannot decide the appeal, the petitioner’s counsel said.
The next date of hearing in the high court is on March 11 next.
Congress leader Ajay Singh filed a petition seeking direction to stay the proceedings of the appeal in the additional sessions court (MP/MLA) taking ground that the court has earlier held trial in the defamation case and now is hearing the appeal.
The appeal is filed against the lower court order of April 30, 2022, Trivedi said.
Sadhna Singh had filed defamation case against Ajay Singh for his certain statements made in the public on 9.5.2013 at Sagar and 4.6.2013 at Khargone for allegedly tarnishing her image.
