Madhya Pradesh High Court
Neo Fab Infrastructure Pvt. Ltd. vs The State Of Madhya Pradesh on 4 October, 2021
Author: Vishal Mishra
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.21291 of 2021
(Neo Fab Infrastructure Pvt. Ltd. and another Vs. State of Madhya
Pradesh and others)
Jabalpur, Dated : 04.10.2021
Shri Siddharth Gulatee, learned counsel for the
petitioner.
Shri Sanjeev K. Singh, learned panel lawyer for the
respondents/State.
The present petition has been filed seeking following
reliefs:
"(i) That, this Hon'ble Court may
kindly be pleased to quash the impugned
notice dated 14.09.2021.
(ii) Any other relief in the facts and
circumstances may also be granted as this
Hon'ble Court deems fit"
It is pointed out that with respect to some complain
made by the respondent No.4 against the petitioner to the
Police authorities, the notice has been issued by the
concerning S.H.O. calling upon the petitioner to file the
documents and to settle the controversy.
It is argued that there is no procedure in the Cr.P.C
granting power to the SHO to call upon the petitioner in such
a manner without there being any registration of an FIR
against the petitioner. He has placed reliance upon the
judgment passed by the Hon'ble Supreme Court in the case of
M.A.Khaliq & Ors. Vs. Ashok Kumar and Anr. [Criminal
Appeal No.1003/2021] reported in LL 2021 SC 472 wherein
in similar circumstances, the Hon'ble Supreme Court has held
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.21291 of 2021
(Neo Fab Infrastructure Pvt. Ltd. and another Vs. State of Madhya
Pradesh and others)
that when no crime is registered no such action can be taken
and no notice can be issued in such a manner. It is argued that
as there is no FIR registered, no proceedings under Section
41-A of the Cr.P.C can be initiated by the authorities against
the petitioner. He has already approached the senior
authorities for redressal of his grievances, but the same is
kept pending and has not been decided till date, therefore, he
has prayed for quashment of the impugned notice issued to
him.
Heard learned counsel for the parties and perused the
record.
On the perusal of the record, it is seen that on a
complaint made by the respondent No.4, the matter has been
taken up by the authorities and a notice dated 14.09.2021 has
been issued to the petitioner calling the petitioner to the
concerning Police Station with all the relevant documents, so
that the complaint may be redressed. The Police authorities
have not yet taken cognizance in the matter rather in
pursuance to the directions given by the Hon'ble Supreme
Court in the case of Lalita Kumari Vs. State of U.P.
reported in (2014) 2 SCC 1 with respect to the commercial
transactions, the authorities is calling upon the petitioner to
file the documents as the complaint is made against him.
There is no illegality in calling the petitioner to file certain
documents as the complaint is made against him. The Police
authorities have not yet taken cognizance in the matter till
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.21291 of 2021
(Neo Fab Infrastructure Pvt. Ltd. and another Vs. State of Madhya
Pradesh and others)
date and taking a lenient view in the matter and following the
dictum passed by the Hon'ble Supreme Court in the case of
Lalita Kumari Vs. State of U.P. (2014) 2 SCC 1 only
calling upon the petitioner to file the documents, so that the
complaint can be redressed.
In such circumstances, there is no illegality in the
impugned notice being issued to the petitioner.
The petition sans merits and is hereby dismissed.
(Vishal Mishra)
Judge
AM.
Digitally signed by ANINDYA
SUNDAR MUKHOPADHYAY
Date: 2021.10.08 17:01:28 +05'30'
