Nand Kishore Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 508 MP

                                                         1                             WP-27133-2021
                              The High Court Of Madhya Pradesh
                                       WP No. 27133 of 2021
                              (NAND KISHORE KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      Jabalpur, Dated : 11-01-2022
                             Heard through Video Conferencing.

                             Mr. Rajendra Prasad Gupta, learned counsel for petitioner.
                             Mr. Vijayendra Singh Choudhary, learned Panel Lawyer for
                      respondent-State.

Petitioner has filed this writ petition making a prayer before this Court to issue directions to Respondent No.4 to take action on complaint filed by

petitioner.

Learned counsel appearing for petitioner submitted that petitioner has filed a complaint and no action has been taken by the police on the complaint. It is further submitted by him that respondent may be directed to consider the complaint and take action against the accused persons as per judgment laid down by Hon'ble Apex Court in the matter of Lalita Kumari Vs. State of UP & Ors. reported in (2014) 2 SCC 1 as well as by this Court in W.P.No.18878/2020 (Rajendra Singh Pawar & Ors. Vs. State of MP & Ors.).

Learned Panel Lawyer appearing for State submitted that judgment passed by Apex Court as well as this Court will be complied with and action shall be taken against accused persons in accordance with law.

I t has been repeatedly reiterated that on receiving complaint, police officer has to scrutinize the complaint and if cognizable offence is made out, officer is duty bound to register an FIR. If no cognizable offence is made out as per the complaint/report, then officer can direct person concerned to approach Court of law for redressal of grievance or he can register a non- cognizable report. Police Officer cannot sit over complaint forever. He is required to scrutinize the complaint immediately and inform the complainant whether cognizable offence or non-cognizable offence is made out and he is

Signature Not required to accordingly dispose off the complaint/application. SAN Verified

Digitally signed by NEETI TIWARI Date: 2022.01.12 16:58:40 IST 2 WP-27133-2021 In the present case, officer concerned is not considering the complaint and sitting over the matter. In view of same, concerned police officers (respondent No.4) is directed to scrutinize the complaint and take a decision on it so that complainant can seek further remedy available to him/her.

No opinion is expressed on merits of the case.

With the aforesaid direction, writ petition is disposed off. Certified copy as per rules.

                                                                              (VISHAL DHAGAT)
                                                                                   JUDGE

                      nd




Signature
 SAN      Not
Verified

Digitally signed by
NEETI TIWARI
Date: 2022.01.12
16:58:40 IST