Amar Singh vs Smt. Kalpana
2023 Latest Caselaw 6671 MP

                                                               1
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 25 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 51820 of 2021

                            BETWEEN:-
                            AMAR SINGH S/O BHOGIRAM RAGHUVANSHI, AGED
                            ABOUT 53 YEARS, R/O VILL PIPRI PS NAI SARAI
                            DISTRICT ASHOKNAGAR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                            (BY SHRI AJAY RAGHUVANSHI WITH SANKALP SHARMA - ADVOCATE)

                            AND
                            1.    SMT.  KALPANA     S/O    JEEVAN   SINGH
                                  RAGHUVANSHI VILL. PIPRI PS NAISARAI DIST.
                                  ASHOKNAGAR (MADHYA PRADESH)

                            2.    STATE OF M.P. THROUGH POLICE STATION
                                  NAISARAI   DIST.ASHOKNAGAR   (MADHYA
                                  PRADESH)

                                                                                        .....RESPONDENTS
                            (BY SHRI APS TOMAR - PANEL LAWYER)
                            (BY SHRI RISHIKESH BOHAR - ADVOCATE FOR RESPONDENT NO.1)

                                  This application coming on for hearing this day, the court passed the

                            following:
                                                                ORDER

Heard learned counsel for the rival parties. Petitioner preferred this first miscellaneous criminal case filed under Section 482 of Cr.P.C. for quashing the order dated 25.09.2021 passed by Judicial Magistrate First Class, District Ashoknagar in Case No.0/2021.

Respondent filed an application under Section 156(3) of Cr.P.C. alleging that present petitioner has fabricated an order of SDO District Ashoknagar Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/27/2023 10:19:14 AM

dated 18.05.2018 passed in Case No.74/Appeal/2017-18. Revenue Officer took cognizance about this fact, but didn't take any action. Learned trial Court came to the conclusion that aforesaid order dated 18.05.2018 and certified copy is different and the trial Court is directed to inquire the matter and lodge an FIR.

Aggrieved by aforesaid order, petitioner filed this petition. In support of his contention, learned counsel for the petitioner has relied upon the judgment of the Hon'ble Madhya Pradesh High Court in the case of Dinesh Singh Raghuvanshi and others Vs. State of MP & another, MCRC No.7052/2014. In Para 11 of the said judgment, the Court has held as under:-

11."If the impugned order is examined on the anvil of principles laid down in said case, it will be clear that the court below has not applied its mind on this aspect at all. There is no finding that complainant has approached the SHO and higher authorities, as per Section 154 Cr.P.C. The Court below has not applied its mind whether any such application under Section 154(3) and (4) is filed by the complainant. Thus, the order impugned is not in consonance with the judgment passed by this Court in 2013(2) MPHT 521 (Ramyash Tiwari Vs. State of MP) and (2015) 6 SCC 287 (Priyanka Srivastava and another vs. State of Uttar Pradesh and others.

In the light of judgment of the Hon'ble Madhya Pradesh High Court in the case of Dinesh Singh Raghuvanshi (supra), present petition stands allowed. Impugned order dated 25.09.2021, is hereby quashed.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/27/2023 10:19:14 AM