Dharmendra Batham vs The State Of Madhya Pradesh
2021 Latest Caselaw 3751 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      W.P.No.12267/2021
         (Dharmendra Batham Vs. State of M.P. and others)

Gwalior, Dated:-30/7/2021
      Heard through Video Conferencing.

      Shri Vivek Khedkar, learned counsel for the petitioner.

      Shri Sanjay Kumar Sharma, learned Govt. Advocate for the

respondents/State.

The present petition is being filed by the petitioner seeking

following reliefs:

"(i) That the respondent no.2 and 3 may kindly be directed to fairly investigate the matter in the light of the decision of Hon'ble Supreme Court and further direction may kindly be issued to registered the FIR looking to the pandemic situation of Covid-19.

(ii) That any other relief to which this Hon'ble Court may deem fit may also be directed to be extended in favour of the petitioner in the interest of justice. Costs of this petition be also awarded in favour of the petitioner."

It is submitted by learned counsel for the petitioner that the

present petition is being filed being aggrieved by not taking

appropriate action in the matter of death of petitioner's real sister

Smt. Rekha Batham in a suspicious circumstances. Learned counsel

for the petitioner submits that the sister of the petitioner Smt. Rekha

Batham married with the respondent no.4-Kok Singh as per Hindu

THE HIGH COURT OF MADHYA PRADESH W.P.No.12267/2021 (Dharmendra Batham Vs. State of M.P. and others)

Rights on 21.9.2020. On 5.7.2021 the petitioner's sister died on

account of hanging in her in-laws house. The petitioner has filed a

complaint before the respondent no.2 on 7.7.2021 and the allegations

has been levelled in the complaint for the offence under section 304-

B, 498A of IPC and section 3/4 of Dowry Prohibition Act, but no

action has been taken by the authorities in the matter.

Per Contra learned counsel for the State submits that the status

report has been filed in the matter.

From perusal of the record, it is seen that the status report has

been filed in the matter and on the basis of status report filed by the

authorities, counsel appearing for the State submits that the statement

of the complainant will be recorded at the earliest, and therefore, the

liberty is extended to the counsel appearing for the petitioner to prefer

a private complaint under section 200 of Cr.P.C. If he is aggrieved by

the manner in which the investigation is carried out by the authorities

then he is free to file an application under section 156 (3) of Cr.P.C. in

the light of the judgment passed by the Supreme Court in the case of

Sakiri Basu Vs. State of U.P. and others, AIR 2008 SC 907,

Sudhir Bhaskar Rao Tambe Vs. Hemant Yashwant Dhage and

others, 2016 (6) SCC 277 and in the case of M. Subramaniam and

another Vs. S. Janaki and another, (2020) 16 SCC 728.

THE HIGH COURT OF MADHYA PRADESH W.P.No.12267/2021 (Dharmendra Batham Vs. State of M.P. and others)

With the aforesaid observation, this petition is disposed of.

E-copy/Certified copy as per rules/directions.

(Vishal Mishra) Judge Pawar*

ASHISH PAWAR 2021.08.0 2 15:16:18 +05'30'