Balikaran (Died) Thr. Lrs. ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 7603 MP

     HIGH COURT OF MADHYA PRADESH : JABALPUR
                   (Division Bench)


                       W.A. No.847 of 2021

                   Balikaran (Died), through LRs.
                              -Versus-
                       State of M.P. & others

                                --
Shri Vidya Prasad, Advocate for the appellants.
Shri Darshan Soni, Govt. Advocate for the respondents/State.
Shri Anshuman Swamy, Advocate for the respondent No.4.
_______________________________________________________
CORAM :
        Hon'ble Shri Justice Ravi Malimath, Chief Justice.
       Hon'ble Shri Justice Vijay Kumar Shukla, Judge.

                          JUDGMENT

(Jabalpur, dtd.18.11.2021)

Per : Vijay Kumar Shukla, J.-

The present intra-court appeal has been filed under

Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand

Nyaypeeth to Appeal) Adhiniyam, 2005 being aggrieved by the

order dated 13-7-2021 passed by the learned Single Judge in Writ

Petition Petition No.5289 of 2021, whereby the writ petition filed

by the appellant has been dismissed.

2. In the writ petition the appellant sought for a direction to

the respondents to file FIR against the imposters. The learned

Single Judge has rightly dismissed the writ petition, appreciating the

facts and circumstances of the case in proper perspective and taking

into consideration the fact that an alternative remedy is available to

the appellant to move an application under Section 156(3) of the

Cr.P.C. or file a complaint under Section 200 of the Cr.P.C. before

the competent court of jurisdiction.

3. We do not find any good reason to interfere with the

order passed by the learned Single Judge in the present intra-court

appeal. It is accordingly dismissed. No costs.

Pending interlocutory application(s), if any, also stands

disposed of.

      (Ravi Malimath)                             (Vijay Kumar Shukla)
        Chief Justice                                     Judge


ac.

Digitally signed by AJAY KUMAR CHATURVEDI Date: 2021.11.24 13:45:14 +05'30'