Kamlesh Sen vs Rajendra Agrawal
2023 Latest Caselaw 12517 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                     ON THE 3 rd OF AUGUST, 2023
              MISC. CRIMINAL CASE No. 31429 of 2023

BETWEEN:-
KAMLESH SEN S/O LATE SHRI KAILASH SEN, AGED
ABOUT 42 YEARS, R/O WARD NO 16 LAHOTI BHAWAN,
VIDISHAK, DISTRICT VIDISHA (MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI BASANT KUMAR CHATURVEDI - ADVOCATE )

AND
1.    RAJENDRA       AGRAWAL   S/O  SHRINIWAS
      AGRAWAL, AGED ABOUT 35 YEARS, R/O MAKAN
      NO 4 BHASKAR AVENUE OTS CHAURAHA KE
      PASS, JAIPUR (RAJASTHAN)

2.    HARSHIT NAGAR, AGED ABOUT 35 YEARS R/O
      MAKAN NO 4 BHASKAR AVENUE OTS CHAURAHA
      KE PASS, JAIPUR (RAJASTHAN),

                                                             .....RESPONDENTS
(NONE )

      This petition coming on for admission this day, the court passed the

following:
                                   ORDER

Petitioner has filed this petition under Section 482 of Cr.P.C. against the order dated 20/6/2023 passed by 4th District and Sessions Judge, Vidisha in Cr.R. No. 47/2022 affirming the order dated 136/2022 passed by JMFC, Vidisha, whereby, the complaint filed by petitioner under Section 156(3) of Cr.P.C. has been rejected.

It is the submission of learned counsel for the petitioner even having

prima facie evidence, the trial Court rejected his complaint under Section 156(3) of Cr.P.C. whereas, as per the provisions of Section 156(3) of Cr.P.C. on filing such complaint, the Magistrate is bound to direct for registration of FIR. In support of his submissions he relied upon decision of Apex Court in the matter o f Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage, (2016) 6 SCC 277 and XYZ Vs. Stte of M.P. & Ors., 2022 LiveLaw (SC) 676.

Heard.

From perusal of impugned orders, it appears that Courts below have rejected the claim of petitioner by passing reasoned orders, which in the opinion of this Court do not suffer from any perversity, illegality or irregularity. As

regards judgments cited by learned counsel for the petitioner are concerned, the said judgments also speak that under Section 156(3) of Cr.P.C. the Magistrate has discretion in directing the police to investigate the matter, thus, these judgments are of no help to him.

Cumulatively, petition sans merits and is hereby dismissed.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

PRAKASH Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179c ec865c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC 8CB2193780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8 072A2D8C01433EBD48AE4F609F108CA8F8D E6B522, cn=JAI PRAKASH SOLANKI Date: 2023.08.04 09:58:44 +05'30'