Avinash Chandra Malik vs The State Of Madhya Pradesh
2022 Latest Caselaw 1834 MP

                                                                         1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                      BEFORE
                                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                             ON THE 9th OF FEBRUARY, 2022

                                                         WRIT PETITION No. 2768 of 2022

                                              Between:-
                                              AVINASH CHANDRA MALIK S/O KISHAN
                                              CHANDRA MALIK , AGED ABOUT 69 YEARS,
                                              OCCUPATION: RTD.GOVT.EMPLOYEE E-3/297-
                                              A, ARERA COLONY, BHOPAL (MADHYA
                                              PRADESH)

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

                                              AND

                                     1.       THE STATE OF MADHYA PRADESH THROUGH
                                              PRINCIPAL SECRETARY HOME DEPTT.
                                              VALLABH BHAWAN BHOPAL (MADHYA
                                              PRADESH)

                                     2.       CITY SUPERINTENDANT OF POLICE BHOPAL
                                              HABIBGUNJ DIVISION BHOPAL DISTRICT
                                              BHOPAL M.P. (MADHYA PRADESH)

                                     3.       THE COLLECTOR BHOPAL DISTRICT BHOPAL
                                              M.P. (MADHYA PRADESH)

                                     4.       STATION   INCHARGE POLICE STATION
                                              HABIBGUNJ BHOPAL HABIBGUNJ BHOPAL
                                              M.P. (MADHYA PRADESH)

                                     5.       BABLU   RAWAT    S/O   NOT   MENTIO
                                              OCCUPATION: NIL R/O E-3/293 ARERA
                                              COLONY BHOPAL M.P. (MADHYA PRADESH)

                                     6.       CHOTU   RAWAT   S/O   NOT   MENTION
                                              OCCUPATION: NIL R/O E-3/293 ARERA
                                              COLONY BHOPAL M.P. (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                              (BY SHRI TAPAN BATHRE, 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:- Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.02.10 11:01:50 IST

"i. This Hon'ble Court kindly be issue writ in nature of 'Mandamus' directing to the Respondent Police Authority No.2 to 04 to reopen the matter/offence registered in No.256/2012 in Police Station Habibgunj, Bhopal (M.P.) and conduct fair

and impertial enquiry/investigation by affording proper opportunity to the petitioner to participate in the matter.

ii. Any other relief/relief's which this Hon'ble Court deem fit and proper kindly be issue in favour of petitioner looking to the facts and circumstances of the case.

iii. Cost of the petition may kindly be also awarded in favour of 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 i n (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 SHALINI LANDGE Date: 2022.02.10 11:01:50 IST

(VISHAL MISHRA) JUDGE Sha

Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.02.10 11:01:50 IST