Neelkanth Prajapati vs The State Of Madhya Pradesh
2021 Latest Caselaw 3488 MP

                                 1                                 WA-606-2021

      The High Court Of Madhya Pradesh
                 WA-606-2021
        (NEELKANTH PRAJAPATI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 20-07-2021
     Heard through Video Conferencing.

     Mr. Ajay Pal Singh, Advocate for the appellant.
     Mr.    Brahmdatt      Singh,     Government       Advocate      for   the
respondents/State.

This appeal is directed against the judgment of the learned

Single Judge dated 09.12.2019 passed in W.P. No.25676/2019 by which writ petition filed by the appellant seeking a direction to the respondents to register a criminal case against his superior Block Education Officer, Virendra Mani Mishra under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been disposed of with liberty to the appellant to approach the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure in view of the law laid down by the Supreme

Court in the case of Sakiri Vasu vs. State of Uttar Pradesh, (2008) 2 SCC 409 .

The learned counsel for the appellant has sought to assail the judgment on various grounds by relying on the judgment of Supreme Court in the case of Lalita Kumari vs. Government of Uttar Pradesh and others, (2014) 2 SCC 1 .

The learned Single Judge taking note of the fact that the dispute is between the petitioner, who is working as Principal of Government Higher Secondary School, Bahoriband and his superior Virendra Mani Mishra, Block Education Officer, Kotma and that in the preliminary inquiry conducted by the Station House Officer, Police Station, 2 WA-606-2021 AJAK, District Anuppur, no such offence, as has been alleged, was found to be committed, declined to interfere in the extraordinary remedy of writ petition under Article 226 of the Constitution of India by observing that the petitioner's options are not foreclosed and he can avail the remedy of approaching the concerned Magistrate if the

police is not registering the F.I.R.

In view of the above, we do not find any good reason to interfere in the judgment passed by the learned Single Judge. The writ appeal is accordingly dismissed.

                 (MOHAMMAD RAFIQ)                  (SATYENDRA KUMAR SINGH)
                  CHIEF JUSTICE                                 JUDGE


     psm
Digitally signed by
PREM SHANKAR
MISHRA
Date: 2021.07.20
18:14:18 +05'30'