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State Of Madhya Pradesh Vs Sadique And Ors.

Case No: Review Petition (Criminal)No. 57 Of 2022 In Criminal Appeal No. 963 Of 2021

Date of Decision: March 15, 2022

Acts Referred: Unlawful Activities (Prevention) Act, 1967 — Section 43D(b)

Hon'ble Judges: Uday Umesh Lalit, J; S. Ravindra Bhat, J; Bela M. Trivedi, J

Bench: Full Bench

Advocate: Pashupathi Nath Razdan

Final Decision: Dismissed

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Judgement

Delay in preferring Review Petition is condoned.

Application for listing Review Petition in open Court is rejected. Relying upon the decision in Bikramjit Singh vs. State of Punjab (2020) 10 SCC 616, it

was observed by this Court:-

“Consequently, insofar as “Extension of time to complete investigation†is concerned, the Magistrate would not be competent to consider the

request and the only competent authority to consider such request would be “the Court†as specified in the proviso in Section 43-D(b) of the

UAPA.

In view of the law laid down by this Court, we accept the plea raised by the appellants and hold them entitled to the relief of default bail as prayed

for.â€​

The grounds taken in the Review Petition do not make out any error apparent on record to justify interference.

This Review Petition is, therefore, dismissed.