Madhya Pradesh High Court
Nanhaku Prasad 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. 7202 of 2020
Between:-
NANHAKU PRASAD S/O CHAKRADHARI RAM
MAHAPATRA , AGED ABOUT 65 YEARS,
OCCUPATION: AGRICULTURIST R/O VILL.
PAHADI TAH. HANUMANA DISTT. REWA M.P.
(MADHYA PRADESH)
.....PETITIONER
(SHRI S.M. SHUKLA, ADVOCATE ABSENT )
AND
1. THE STATE OF MADHYA PRADESH THR. THE
SECRETARY HOME DEPT. MANTRALAYA
VALLABH BHAWAN, BHOPAL M.P. (MADHYA
PRADESH)
2. THE COLLECTOR REWA DISTT.REWA
(MADHYA PRADESH)
3. THE INSPECTOR GENERAL OF POLICE REWA
REWA RANGE DISTT.REWA (MADHYA
PRADESH)
4. THE SUPDT.OF POLICE R E WA DISTT.REWA
(MADHYA PRADESH)
5. THE SHO REWA POLICE STATION SHAHPUR
DISTT.REWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI REJI MATHAI, PANEL LAWYER)
(Heard through Video Conferencing)
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 may be pleased to call for the
relevant record pertaining to subject matter for kind perusal of this
Hon'ble Court.
Signature Not Verified
SAN
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2022.02.09 14:29:32 IST
(ii) The Hon'ble Court may be pleased to direct the
respondents No.1 to 5 to take proper action holding investigation
on the written report/complaints as per Ann.P/1 by making proper
investigation for prosecution in the competent court of law.
(iii) Any other relief which this Hon'ble Court deems fit
and proper may also be passed together cost of the petition."
It is seen from the record that on a complaint made by the petitioner,
cognizance was taken by the authorities and an FIR has been registered vide
Crime No.25/2020 for offence punishable under Sections 294, 323 & 506/34
of IPC. It is stated that despite registration of the FIR, no proper action has
been taken by the police authorities against the persons whose names are
reflected in the complaint. A prayer is made to direct the respondent Nos. 1
to 5 to take proper action on the complaint made by the petitioner.
The relief which has been claimed in this petition cannot be granted to
the petitioner 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. The petitioner is having a remedy to approach
before the concerned Magistrate by filing an application under Section 156(3)
of Cr.P.C. for redressal of his grievances, if he is not satisfied with the
proceedings drawn up by the police authorities.
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) of Cr.P.C. for redressal of his grievances in terms of the directions
given by Hon'ble Supreme Court in the aforesaid cases.
Signature Not Verified
SAN
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2022.02.09 14:29:32 IST
(VISHAL MISHRA)
JUDGE
sj
Signature Not Verified
SAN
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2022.02.09 14:29:32 IST
