Lalita Boddh vs The State Of Madhya Pradesh
2022 Latest Caselaw 14855 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                              BEFORE
       HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                       ON THE 14th OF NOVEMBER, 2022

                   WRIT PETITION No. 25072 of 2022

        BETWEEN:-
        LALITA BODDH D/O SHRI RAMLAKHAN, AGED
        ABOUT 32 YEARS, OCCUPATION: SARPANCH,
        GRAM    PANCHAYAT   JARIYARI,   JANPAD
        PANCHAYAT MAIHAR, DISTRICT SATNA R/O
        VILLAGE JARIYARI, PS DEHAT MAIHAR,
        DISTRICT SATNA (MADHYA PRADESH)

                                                               .....PETITIONER
        (BY SHRI A.K. GUPTA - ADVOCATE)

        AND
1.      THE STATE OF MADHYA PRADESH THROUGH
        THE PRINCIPAL SECRETARY HOME (POLICE)
        DEPARTMENT VALLABH BHAWAN, BHOPAL
        (MADHYA PRADESH)

2.      SUPERINTENDENT OF POLICE SATNA DISTRICT
        SATNA (MADHYA PRADESH)

3.      STATION HOUSE OFFICER DEHAT SATNA
        DISTRICT SATNA (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SMT. G.K. PATEL - GOVERNMENT ADVOCATE)

      This petition coming on for admission this day, th e court passed the
following:
                                    ORDER

In this petition filed under Article 226 of the Constitution of India, the petitioner is aggrieved by the inaction of the respondents/authorities to include the names of Ramnihor Patel, Gangadeen Patel, Siyasharan Patel, Tejbhan Patel, Ramprasad Patel and Mantu Patel as accused in FIR No.288/2022 registered in

Police Station Dehat Satna, District Satna for the offence under Section 452, 353, 332, 294, 506, 34 of the IPC and Sections 3(1)(dha) & 3(2)(va) of SC/ST Act.

Per contra, learned Government Advocate for the State opposed the prayer and submitted that no such direction can be issued to the investigating authority to arrest the accused persons and to make fair investigation. If no action is being taken by the Police Authorities to arrest the accused persons, the petitioner is having alternative efficacious remedy of filing an application under Section 156(3) of the Cr.P.C. as has been held in the case of Shweta Bhadoriya Vs. State of M.P. & others (2017 (1) MPLJ (Cri) 338). As

such, this petition is misconceived and the same is liable to be dismissed.

At this stage, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition filed under Article 226 of the Constitution of India with liberty to file an application under Section 156(3) of the Cr.P.C. before the Magistrate in the light of the judgment in the case of Shweta Bhadoriya (supra).

Accordingly, writ petition stands dismissed as withdrawn with the aforesaid liberty.

(S. A. DHARMADHIKARI) JUDGE DPS Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.11.14 18:13:31 +05'30'