Madhya Pradesh High Court
Mrs. Nazma Bee vs The State Of Madhya Pradesh on 8 February, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8th OF FEBRUARY, 2022
WRIT PETITION No. 9067 of 2020
Between:-
1. MRS. NAZMA BEE W/O LATE MR. PYARE
KHAN , AGED ABOUT 51 YEARS,
OCCUPATION: HOUSEWIFE NEAR DIG
BUNGALOW, D-4, FIRDAUS NAGAR, BHOPAL
(MADHYA PRADESH)
2. MS.ASMA KHAN D/O LATE MR.PYARE KHAN
NEAR DIG BUNGALOW D-4 FIRDAUS NAGAR
(MADHYA PRADESH)
3. MS.AFREEN KHAN D/O LATE MR.PYARE
KHAN , AGED ABOUT 22 YEARS, NEAR DIG
BUNGALOW D-4 FIRDAUS NAGAR (MADHYA
PRADESH)
.....PETITIONER
NONE FOR THE PETITIONER
AND
1. THE STATE OF MADHYA PRADESH THR
PRINCIPAL SECRETARY HOME DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE
HEADQUARTERS JEHANGIRABAD BHOPAL
(MADHYA PRADESH)
3. INSPECTOR GENERAL OF POLICE
HOGHAN GAB AD HOSHANGABAD RANGE
HOSHANGABAD (MADHYA PRADESH)
4. SUPERINTENDENT OF POLICE RAISEN
DISTT.RAISEN (MADHYA PRADESH)
5. THANA INCHARGE POLICE STATION
SALAM ATPUR STATE HIGHWAY 19 RAISEN
ROAD (MADHYA PRADESH)
6. UNION OF INDIA THROUGH THE DIRECTOR
CENTRAL BUREAU OF INVESTIGATION
SPECIAL POLICE STABLISHMENT PLOT NO. 5-
B 6TH FLOOR CGO COMPLEX LODHI ROAD
(DELHI)
.....RESPONDENTS
(BY SHRI REJI MATHAI, PANEL LAWYER)
Signature Not Verified
(Heard through Video Conferencing)
SAN
Digitally signed by PRARTHANA
SURYAVANSHI
Date: 2022.02.10 11:04:37 IST
2
This petition coming on for admission this day, the court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been
filed seeking following reliefs:-
"( i ) The Hon'ble Court shall be pleased to call for the
entire original record of lis for its kind perusal.
(ii) The Hon'ble Court may kindly be pleased to issue a
writ in the nature of Mandamus to the Competent Authority to
depute the Central Bureau of Investigation to investigate in to the
matter of the deceased.
(iii) That this Hon'ble High Court may be pleased to
issue a writ in nature of Mandamus for providing police
protection to the family members of the deceased, including the
eye witness of the incident, thereby protecting the life, limb and
property at the hands of local police administration and State
Administration.
(iv) That this Hon'ble Court may be pleased to issue a writ
in the nature of Certiorari thereby quashing the Crime
NO.48/2020, registered at Police Station-Salamatpur, District
Raisen, (Madhya Pradesh)
(v) Cost of this petition be also awarded in favour of the
petitioner."
It is seen from the record that the investigation is over and the charge
sheet has been filed by the police authorities before the competent court. The
relief which has been claimed by the petitioner for proper investigation and
for a direction to hand over the investigation to some other authorities like
C.B.I cannot be granted to the petitioner.
The relief which has been claimed in this petition cannot be granted to
Signature Not Verified
SAN the petitioner in view of the judgments of Hon'ble Supreme Court in the cases
Digitally signed by PRARTHANA
SURYAVANSHI
Date: 2022.02.10 11:04:37 IST
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. The petitioner is having a remedy to approach
before the concerned Magistrate by filing an application under Section 156(3)
of Cr.P.C. or a compliant under Section 200 of Cr.P.C for redressal of his
grievances, if he is not satisfied with the proceedings drawn up by the police
authorities.
The Hon'ble Supreme Court in the case of State of West Bengal and
others Vs. Committee for Protection of Domestic Rights, West Bengal
and others reported in (2010) 3 SCC 571 and also in the case of
T.C.Thangaraj Vs. V. Engammal and others reported in (2011) 12 SCC
328 has held that the power of High Court under Article 226 of the
Constitution of India to direct investigation by the CBI is to be exercised only
sparingly, cautiously and in exceptional situations and an order directing to
CBI is not to be passed as a matter of routine or merely because a party has
levelled some allegations against the local police.
In such circumstances, the petition cannot be entertained. It is hereby
dismissed.
However, a liberty is extended to the petitioner to approach before the
concerned Magistrate by filing an appropriate application under Section
156(3) or a complaint under Section 200 of Cr.P.C for redressal of his
grievances in terms of the directions given by Hon'ble Supreme Court in the
aforesaid cases.
(VISHAL MISHRA)
JUDGE
Prar
Signature Not Verified
SAN
Digitally signed by PRARTHANA
SURYAVANSHI
Date: 2022.02.10 11:04:37 IST
