Kamal Kumar Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 6743 MP

             HIGH COURT OF MADHYA PRADESH
     (1)                                    W.P.No. 22813/2021
    (Kamal Kumar Gupta & Anr. Vs. State of M.P. & Ors.)

Gwalior Bench:
Dated:23/10/2021
       Shri Alok Katare, learned counsel for the petitioners.
       Shri Devendra Chaubey, learned GA for the respondents/State.

Heard on the question of admission.

The present petition has been preferred by the petitioners challenging the action/inaction of the respondents whereby according to the petitioners the respondents are not registering the FIR over the complaint preferred by him.

On the other hand, learned counsel for the State opposed the said prayer in the light of the judgment rendered by this Court in the case of Shweta Bhadoria Vs. State of M.P. and Ors., 2017 (1) MPLJ (Cri) 338 and in the case of Dr. Balveer Kathoria vs. State of M.P. and Ors. (judgment dated 8/8/2017 passed in W.A.No. 658/2017) at Principal Seat, Jabalpur.

It is a case of the petitioners that on a complaint made by them, F.I.R. has not been registered by the competent Police Authorities. Accordingly, seeking registration of F.I.R., placing reliance on the judgment of the Supreme Court in the case of Lalita Kumari Vs. State of U.P. - (2014) 2 SCC 1, the writ petition is filed. If the F.I.R. is not registered, the petitioners still have a remedy of approaching the Magistrate concerned by filing a compliant and the Magistrate can proceed in the matter under Section 154 read with Section 156 of Cr.P.C. and for the said purpose reliance can be placed on the decision of the Supreme Court in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage - (2016) 6 SCC 277.

Considering the fact that the petitioners have a remedy of approaching the Magistrate concerned under the provisions of Code of Criminal Procedure and the Magistrate concerned is competent enough to deal with the matter on a complaint made HIGH COURT OF MADHYA PRADESH (2) W.P.No. 22813/2021 (Kamal Kumar Gupta & Anr. Vs. State of M.P. & Ors.)

by the petitioners, this Court finds no reason to interfere in the matter.

Accordingly, the Writ Petition stands disposed of with liberty to the petitioners to take recourse by approaching the competent Court of criminal jurisdiction by filing a private complaint or appropriate application.

(Anand Pathak) jps/- Judge

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

PRAKASH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179

SOLANKI cec865c7633f4cfb9e38ce14fcbb05b9522a, cn=JAI PRAKASH SOLANKI Date: 2021.10.23 17:40:06 +05'30'