Citation : 2022 Latest Caselaw 1956 MP
Judgement Date : 11 February, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 11th OF FEBRUARY, 2022
WRIT PETITION No. 3562 of 2022
Between:-
AMIT TONGIA S/O SHRI MOTILAL TONGIA , AGED
ABOUT 54 YEARS, OCCUPATION: BUSINESS B.G.
119, SCHEME NO. 74-C (MADHYA PRADESH)
.....PETITIONER
(BY SHRI A.S GARG, SENIOR COUNSEL WITH SHRI GAURAV
VERMA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR INDORE (MADHYA PRADESH)
2. COMMISSIONER OF POLICE INDORE (MADHYA
PRADESH)
3. STATION HOUSE OFFICER P.S. TEJAJI NAGAR
(MADHYA PRADESH)
4. SUB DIVISIONAL OFFICER TEHSIL JUNI INDORE
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S.R SAXENA, DEPUTY ADVOCATE GENERAL)
(Heard through Video Conferencing)
This petition coming on for order this day, the court passed the following:
ORDER
Learned counsel for the petitioner makes a limited prayer that he is aggrieved with the communication dated 05.02.2022 issued by Nayab Tehsildar to SHO, Police Station Tejaji Nagar, Indore directing him to register FIR for commission of the offence under section 420, 406, 120-B of the IPC against the petitioner. He submits that the police authority be directed to consider the document submitted by the petitioner before further proceeding in the matter in the light of the judgment passed by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.
In such limited prayer, there is no objection by learned counsel for the respondent/state.
In view of the aforesaid, the present petition is disposed off with a direction
to the respondent no.3 to take into consideration the various documents submitted by the petitioner before proceeding in the matter on the communication dated 05.02.2022 Annexure P/11.
It is made clear that this court has not expressed any opinion on the merits
of the case.
With the aforesaid, the present writ petition stands disposed off.
(VIJAY KUMAR SHUKLA) JUDGE Sourabh Digitally signed by SOURABH YADAV Date: 2022.02.11 17:07:46 +05'30'
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