Ravindra Singh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 5828 MP

                                                                                   1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                            BEFORE
                                                              HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                        ON THE 21st OF APRIL, 2022

                                                                WRIT PETITION No. 5255 of 2022

                                             Between:-
                                             RAVINDRA SINGH YADAV S/O SHRI RAKESH
                                             YADAV , AGED ABOUT 30 YEARS, OCCUPATION:
                                             AGRICULTURIST R/O POHA KHANS POLICE
                                             STATION NIWADI DISTRICT NIWADI M.P.
                                             (MADHYA PRADESH)

                                                                                                                         .....PETITIONER
                                             (NONE FOR THE PETITIONER EVEN IN THE SECOND ROUND)

                                             AND

                                     1.      THE STATE OF MADHYA PRADESH THROUGH
                                             SECRETARY HOME DEPARTMENT VALLABH
                                             BHAWAN BHOPAL M.P. (MADHYA PRADESH)

                                     2.      D.G.P POLICE HEADQUARTERS BHOPAL (MADHYA
                                             PRADESH)

                                     3.      SUPERINTENDANT   OF   POLICE   POLICE
                                             HEADQUARTERS DISTRICT NIWADI (MADHYA
                                             PRADESH)

                                     4.      S.D.O.P  POLICE   HEADQUARTERS DISTRICT
                                             NIWARI (MADHYA PRADESH)

                                     5.      T.I POLICE STATION DISTRICT NIWARI (M.P.)
                                             (MADHYA PRADESH)

                                     6.      SWAMI PRASAD YADAV S/O SHRI PRABHUDAYAL
                                             YADAV , AGED ABOUT 55 YEARS, OCCUPATION:
                                             NIL VILLAGE BARETHI POLICE STATION
                                             BARUASAGAR    DISTRICT   JHANSI   (UTTAR
                                             PRADESH)

                                                                                                                     .....RESPONDENTS
                                             (BY SHRI G.P.SINGH, GOVT. ADVOCATE )

                                           T h is petition coming on for admission this day, the court passed the
                                     following:
                                                                                    ORDER

The present petition has been filed seeking the following relief(s) :-

"i. Kindly may please to direct the Respondent Nos.3 to 5 to conduct fair investigation of the case of the petitioner, if any FIR would be lodged by the father of the Signature Not Verified SAN

wife of the petitioner prior to lodging F.I.R. Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.22 17:55:55 IST ii. Any other writ/writs, direction/directions, order/orders, with this Hon'ble Court

deem fit and proper may also be pleased to award in favour of the petitioner.

iii. Any other relief which this Hon'ble Court deems fit and proper may also be passed in favour of petitioner."

In view of the directions given by this Court, the status report on behalf of the respondents have been filed pointing out the fact that FIR has been registered

at Crime No.90/2022 for offences under Sections 304-B, 498-A, 34 of Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Therefore, the relief which has been claimed cannot be extended to the petitioner.

If the petitioner is not satisfied with the mode on which the investigation is being carried out by the competent authority, he is having a remedy to approach the concerning Magistrate by filing a proper application under Section 156(3) of Cr.P.C. or by filing a private complaint under Section 200 of Cr.P.C. in view of the judgments of Hon'ble Supreme Court in the cases of Sakri Basu vs. State of U.P and others reported in (2008) 2 SCC 409, Sudhir Bhaskar Rao Tambe vs. Hemant Yashwant Dhage and Others reported in 2016 (6) SCC 277 and M. Subramanium vs. S. Jakari reported in (2020) 6 SCALE 204 and Vinubhai Haribhai Malaviya vs The State Of Gujarat reported in (2019) 17 SCC 1.

In such circumstances, in view of the aforesaid judgments, no relief can be extended to the petitioner.

The petition is hereby dismissed.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.22 17:55:55 IST