Devendra Singh Bhadauria vs The State Of Madhya Pradesh
2023 Latest Caselaw 12929 MP

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IN THE HIGH COURT OF MADHYA PRADESH
             AT G WA L I O R
                            BEFORE
        HON'BLE SHRI JUSTICE ANAND PATHAK
                  ON THE 9th OF AUGUST, 2023
                 WRIT. PETITION No.19733 of 2023

BETWEEN:-
1. DEVENDRA SINGH BHADORIYA S/O
   SHRI BALWAN SINGH BHDADAURIA
   AGED    40 YEARS    OCCUPATION
   BUSINESS R/O SOLANKI PETROL
   PUMP   KE   PEECHE   KUSHWAHA
   COLONY POLICE STATION CIVIL LINE
   MORENA DISTRICT MORENA (M.P.)
                                               .....PETITIONER
(BY SHRI VIBHOR SAHU - ADVOCATE)
AND
1.   STATE OF MADHYA PRADESH
     THROUGH     THE    PRINCIPAL
     SECRETARY,  DEPARTMENT    OF
     HOME, VALLABH BHAWAN, BHOPAL
     (M.P.)
2.   SUPERINTENDENT   OF          POLICE,
     MORENA, MORENA (M.P.)
3.   CITY SUPERINTENDENT OF POLICE,
     MORENA (M.P.)
4.   STATION HOUSE OFFICER, POLICE
     STATION CIVIL LINE MORENA
     DISTRICT MORENA (M.P.)

                                             .....RESPONDENTS
(BY SHRI VISHAL TRIPATHI - GOVERNMENT ADVOCATE)

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

The present petition preferred under Article 226 of the Constitution by the petitioner seeking following reliefs:-

(1) The respondents may kindly be directed to take the appropriate action over the application Annexure P-1 of the petitioner immediately and punishing the accused persons as mentioned in the representation as early as possible in the interest of justice. (2) Any other relief which this Hon'ble Court may deemed fit in the facts and circumstances of the case may also kindly be granted in favour of petitioner. (3) Cost of this petition also awarded in favour of petitioner.

2. It is the submission of learned counsel for the petitioner that police authorities have not investigated the case yet properly and therefore, this petition has been filed.

3. Learned counsel for the respondents/State opposed the prayer and sought dismissal of the present petition in the light of the judgment of Division Bench of this Court in the matter of Shweta Bhadoria Vs. State of M.P. and Ors., 2017 (1) MPLJ (Cri) 338.

4. Considering the rival submission, it appears that petitioner has alternative remedy available as referred in Shweta Bhadoria (supra) to approach the concerned Magistrate in accordance with law and under the provisions of Code of Criminal Procedure,

Magistrate concerned is competent enough to deal with the matter on a complaint so made by the petitioner. Even otherwise needless to say that just and fair investigation is expected from the police authorities and it is expected that they shall proceed in just and fair manner about present investigation also.

5. Petition stands disposed of accordingly.

                                                                                              (Anand Pathak)
  Ashish*                                                                                          Judge
ASHISH
CHAURA
SIA

Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d 4de08c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9 A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C47757 7EEDBA3AB4F94593A930B98DAE1B0AD16F9 0B5FD, cn=ASHISH CHAURASIA Date: 2023.08.09 19:34:16 -07'00'