Sevaram Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6238 MP

                              -( 1 )-


            HIGH COURT OF MADHYA PRADESH
                  BENCH AT GWALIOR
                    MCRC No. 4008 of 2022
   (SEVARAM SINGH GURJAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Dated : 26-04-2022

       Shri R.K.Shrivastava, learned counsel for the petitioner.
      Shri Anil Shukla, learned Public Prosecutor for the
respondents No.1 & 2/State.

Shri Sameer Kumar Shrivastava, learned counsel for the

complainant.

Petitioner has filed this petition under Section 482 of Cr.P.C.

seeking following reliefs:-

"1.Allow this petition.

2. Issue necessary direction to respondent No.1 and 2 to take action on the stated facts.

3. And/or passed any other order in the light of equity justice and good conscious that the Hon'ble Court may deem fit."

It is submitted by learned counsel for the State as well as

counsel for the respondent No.3 that in the light of the judgments

passed by the Supreme Court in the case of Sakiri Vasu Vs. State of

UP., reported in (2008) 2 SCC 409, Aleque Padamsee and other

Vs. Union of India & ors. reported in (2007) 6 SCC 171, Divine

Retreat Centre Vs. State of Kerala and others, reported in (2008)

3 SCC 542, Division Bench of this Court in Smt. Reeta Bais Vs.

State of M.P. & Ors. and Writ Appeal No.247/2016 (Shweta

Bhadauria Vs. State of M.P. & ors.), this application is not

-( 2 )-

maintainable.

As the petitioner has an efficacious and alternative remedy of

filing a criminal complaint before the Court of competent

jurisdiction, therefore, this application is disposed of with liberty to

the petitioner to approach before the competent Court/trial Court as

per the provisions of Cr.P.C. and the trial Court is hereby directed to

consider his objections in accordance with law.

With aforesaid, the petition stands disposed of.

                                       (Deepak Kumar Agarwal)
vv                                             Judge



           VALSALA
           VASUDEVAN
           2022.04.26
           18:20:06
           +05'30'