M.P. Gazetted Officers ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 177 MP

                                                                        1                              WP-17285-2020
                                              The High Court Of Madhya Pradesh
                                                         WP-17285-2020
                                      (M.P. GAZETTED OFFICERS ASSOCIATION Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                    Jabalpur, Dated : 24-02-2021
                                             Shri Bramhanand Pandey, learned counsel for the petitioner.

                                             Shri Dilip Parihar, learned P.L. for the respondent Nos.1 to 4.

Shri Abhijeet Awasthi, learned counsel for the respondent No.5. Heard.

By this writ petition, the petitioner has raised a grievance that the

private respondents have done certain misappropriation of amount and against that, the petitioner had filed the complaint before the respondent No.5 but the matter is not being properly investigated.

Learned counsel for the respondent No.5 has submitted that in view of the judgment in the case of Sakiri Vasu Vs. State of U.P. and others , 2008 (2) SCC 409 as also the judgment in the matter of Anil Kumar and others Vs. M.K. Aiyappa and another, 2013 (10) SCC 705, the petitioner has remedy of filing an application under Section 156(3) Cr.P.C. before the Special Judge or to file a complaint under Section 200 Cr.P.C. before the

competent Court.

In view of the above, learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to avail such other remedy which are available in law.

The prayer is allowed.

The petition is dismissed as withdrawn with liberty as prayed.

(PRAKASH SHRIVASTAVA) JUDGE

Biswal

Signature Not Verified SAN

Digitally signed by SHIBA NARAYAN BISWAL Date: 2021.02.25 14:50:49 IST