Bhavdev Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 1437 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                     M.Cr.C. No.29673/2019
             (Bhavdev Sharma Vs. State of M.P. & Ors.)
                                 (1)

Gwalior, dated : 08.04.2021

      Heard through Video Conferencing.

      Shri U.K. Bohre, Advocate for the petitioner.

      Shri    Prabhakar      Kushwah,          Panel   Lawyer       for

respondents/State.

I.A. No.3091/2021, an application for urgent hearing is

considered and allowed.

In this petition under Section 482 of Cr.P.C. the grievance of

the petitioner is that he had sent a notice to respondent No.3-

Superintendent of Police, Gwalior on 26.06.2019 but till date no

action has been taken on the notice.

In the present petition, the petitioner has prayed that the

petition may be allowed and respondents No.1 to 3 may be

directed to initiate legal action against respondents No.4 and 5.

On the other hand, learned Panel Lawyer for the

respondents/State has opposed the prayer and submitted that in the

light of the judgment rendered by the Division Bench of this court

in the case of Shweta Bhadauria Vs. State of M.P. & others

reported in 2017 (1) MPLJ (Cri) 338, such directions cannot be

issued and the petition is not maintainable.

At this stage, learned counsel for the petitioner seeks leave

of this Court to approach the concerned Magistrate under Section

156 (3) of the Cr.P.C. in the light of the judgment rendered by the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.29673/2019 (Bhavdev Sharma Vs. State of M.P. & Ors.)

Division Bench of this court in the case of Shweta Bhadauria Vs.

State of M.P. & others reported in 2017 (1) MPLJ (Cri) 338.

With the aforesaid liberty, the petition stands disposed of.

(S.A.Dharmadhikari) Judge Shanu

SHANU RAIKWAR 2021.04.08 17:28:05 -07'00'