Gopal Jaiswal vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 6084 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     W.P.No.6616/2015 (PIL)
            (Gopal Jaiswal Vs. State of M.P. and others )

Gwalior, Dated:-27.9.2021
      Shri Deependra Singh Kushwaha and Shri Nitin Goyal, learned

counsel for petitioner.

      Shri Ankur Mody, learned Additional Advocate General for

respondent/State.

Shri Brijesh Sharma, learned counsel for respondent no.5.

(1) This petition has been filed under Article 226 of the

Constitution in the shape of PIL praying for following reliefs:-

"(i) Issuing a writ of certiorari or any other suitable writ or order or direction for thereby directing the respondent No.4 Superintendent of Police, State Economic Offence Wing, District Gwalior to register the FIR in the matter in the light of the judgment pronounced by the Hon'ble Supreme Court in the case of Lalita Kumari Vs. State of U.P. & Ors. Reported in 2014 (2) SCC 1.

(ii) That, the respondent State Government, Department of Sports and Youth Welfare be directed to revert back the land from the said society which was allotted to him as the society is committing wrong and embezzling the public money.

(iii) Any other order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(iv) Costs of the petition may also be awarded

THE HIGH COURT OF MADHYA PRADESH W.P.No.6616/2015 (PIL) (Gopal Jaiswal Vs. State of M.P. and others )

to the petitioner."

(2) The public cause raised by the petitioner herein relates to

alleged financial irregularities committed by the office bearers and

certain members of Gwalior Chambal Tennis Association which is

a society registered under M.P. Societies Registrikaran Adhiniyam,

1973.

(3) Bare reading of prayer clause 11 (i) reveals that the direction

is sought for registration of FIR.

The said relief can very well be availed by invoking

provisions of Sec. 154 (1) Cr.P.C., failing which Sec. 154 (3)

Cr.P.C., failing which Sec. 156 (3) Cr.P.C. and also Sec.200 Cr.P.C,

and therefore, in the light of various decisions of the Apex Court

and the recent one in the Arnab Ranjan Goswami Vs. Union of

India and others, (2020) 14 SCC 12, this Court declines

interference qua relief no.(i) and affords liberty to petitioner to

avail the said alternative, efficacious, statutory remedies under

Cr.P.C.

(4) As regards relief no.(ii) direction has been sought to the State

to take back the land allotted to the said society owing to the said

society involved in alleged financial irregularities.

In regard to the aforesaid relief No. (ii) the petitioner is free to

raise dispute before the Registrar or the delegate of Registrar under

THE HIGH COURT OF MADHYA PRADESH W.P.No.6616/2015 (PIL) (Gopal Jaiswal Vs. State of M.P. and others )

the M.P. Societies Registrikaran Adhiniyam, 1973 raising all

grievances as raised herein.

(5) It is evident from the record that disputed questions of fact are

involved, and therefore, this Court refrains from exercising writ

jurisdiction so far as relief no.(ii) is concerned.

(6) Consequently, this petition is disposed of with the following

directions:

(i) In case petitioner files a dispute before Registrar the or

the delegate of Registrar under the M.P. Societies

Registrikaran Adhiniyam, 1973 then same be considered

in accordance with law as expeditiously as possible.

No costs.

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

                            (Sheel Nagu)                              (Anand Pathak)
                               Judge                                     Judge
Pawar*

   ASHISH PAWAR
   2021.09.27
   19:05:40 +05'30'