Mohd. Yasin vs The State Of Madhya Pradesh
2022 Latest Caselaw 1754 MP

                                                                         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. 14464 of 2020

                                              Between:-
                                              MOHD. YASIN S/O SHRI CHAND KHAN , AGED
                                              ABOUT 42 YEARS, OCCUPATION: LABOUR
                                              WARD NO. 16, JUNNARDEV, P.S. NUNNARDEV
                                              (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                              (NONE FOR THE PETITIONER)

                                              AND

                                     1.       THE STATE OF MADHYA PRADESH THRO.
                                              PRINCIPAL SECRETARY DEPARTMENT OF
                                              HOME    AFFAIRS  VALLABH   BHAWAN
                                              (MADHYA PRADESH)

                                     2.       DISTRICT         MAGISTRATE CHHINDWARA
                                              DISTRICT        CHHINDWARA     (MADHYA
                                              PRADESH)

                                     3.       SUB DIVISIONAL MAGISTRATE JUNNARDEV
                                              JUNNARDEV     DISTRICT  CHHINDWARA
                                              (MADHYA PRADESH)

                                     4.       SUPERINTENDANT OF POLICE POLICE
                                              HEAD QUARTER S CHHINDWARA (MADHYA
                                              PRADESH)

                                     5.       STATE HOUSE OFFICER D A M U A POLICE
                                              STATION DAMUA DISTRICT CHHINDWARA
                                              (MADHYA PRADESH)

                                     6.       STATION HOUSE OFFICER POLICE STATION
                                              JUNNARDEV POLICE STATION JUNNARDEV
                                              DISTRICT    CHHINDWARA      (MADHYA
                                              PRADESH)

                                                                                               .....RESPONDENTS
                                              (BY SHRI DHARMENDRA KAURAV, PANEL LAWYER )
                                                          (Heard through Video Conferencing)
                                            This petition coming on for admission this day, the court passed the
                                     following:
                                                                         ORDER

Nobody appeared in the matter on 04.11.2020, 27.01.2021 and

Signature Not Verified 04.03.2021 to press the petition.

SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.02.09 15:12:15 IST

It is pointed out by the State Counsel that the present petition has been filed challenging the show cause notice dated 07.08.2020 whereby a direction was issued by the respondent No.3 directing the petitioner to appear in the Court of respondent No.3 and to file reply to the show cause notice that why he should not be bound under Section 110 of Cr.P.C. The grounds which

have been raised in the present petition does not apprise this Court that the petition can be entertained on such grounds under Article 226 of the Constitution of India. The petitioner may approach the concerning Authorities, in view of the notice issued and submit his reply to the Authorities, if not submitted till date.

As far as maintainability of the petition is concerned, the same is not maintainable in view of the judgment passed by the Hon'ble Supreme Court in the case of Union of India Vs. Kunishetty Satyanarayan reported in (2006) 12 SCC 28.

As no relief can be extended to the petitioner, therefore, the petition is dismissed.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.02.09 15:12:15 IST