Rajendra Kaurav vs The State Of Madhya Pradesh
2022 Latest Caselaw 1835 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. 2883 of 2022

                                              Between:-
                                              RAJENDRA KAURAV S/O SHRI. ROOP SINGH
                                              KAURAV , AGED ABOUT 45 YEARS,
                                              OCCUPATION: AGRICULTURIST R/O VILLAGE
                                              ADEGAON KHURD, POST- SUKHA KHAIRI,
                                              TEHSIL-GADARWARA             DISTRICT
                                              NARSINGPUR (M.P) (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                              (BY SHRI A.K.KURMI, ADVOCATE )

                                              AND

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

                                     2.       INSPECTOR GENERAL OF POLICE JABALPUR
                                              DISTRICT   JABALPUR   M.P.   (MADHYA
                                              PRADESH)

                                     3.       SUPERINTENDANT OF POLICE NARSINGPUR
                                              DISTRICT NARSINGPUR M.P. (MADHYA
                                              PRADESH)

                                     4.       SUB DIVISIONAL OFFICER OF POLICE
                                              G A D A R WA R A GADARWARA  DISTRICT
                                              NARSINGPUR M.P. (MADHYA PRADESH)

                                     5.       STATION    HOUSE    OFFICER P.S.  GRP
                                              G A D A R WA R A GADARWARA   DISTRICT
                                              NARSINGPUR M.P. (MADHYA PRADESH)

                                     6.       S.H.O. GADARWARA GADARWARA DISTRICT
                                              NARSINGPUR M.P. (MADHYA PRADESH)

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

The present petition has been filed seeking direction concern

Signature Not Verified respondent to take statement of all the witnesses of petitioner who was given SAN

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

their affidavit (Annexure P-6). Deceased Akash Kaurav, who is the son of the petitioner had gone for practical examination at his college but his dead body was found between the Gadarwara railway lines, and after his death when parents of the deceased had seen his dead body it is found that someone had murdered him and has through him at railway track, whereas, when the body has seen by the police authority they have registered the report under Section

174 of the Cr.P.C. as unnatural death by accident with falling down from train.

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 a n d 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.

(VISHAL MISHRA) JUDGE Sha

Signature Not Verified SAN

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