Rohit Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13024 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                       HON'BLE SHRI JUSTICE SHEEL NAGU
                                                       &
                                 HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                                             ON THE 10 th OF AUGUST, 2023
                                        MISC. CRIMINAL CASE No. 53648 of 2022

                           BETWEEN:-
                           ROHIT SINGH S/O SHRI ANNUP SINGH, AGED ABOUT 40
                           YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE
                           MEHARU TEHSIL BIRSIGHPUR CIRCLE JAITWARA, P.S.
                           KOTAR DISTRICT SATNA (MADHYA PRADESH)

                                                                             .....APPLICANT
                           (BY SHRI SOURABH KUMAR SHARMA - ADVOCATE)

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

                           2.    D.G.P., PHQ BHOPAL (MADHYA PRADESH)

                           3.    SUPERINTENDENT    OF    POLICE, LOKAYUKT
                                 DISTRICT REWA (MADHYA PRADESH)

                           4.    DIRECTOR GENERAL OF EOW, OFFICE OF EOW,
                                 42, ARERA HILLS, BHOPAL (MADHYA PRADESH)

                           5.    SUPERINTENDENT OF EOW, R E WA DISTRICT
                                 REWA (MADHYA PRADESH)

                           6.    COLLECTOR, SATNA DISTRICT SATNA (MADHYA
                                 PRADESH)

                           7.    SUPERINTENDENT OF POLICE, SATNA DISTRICT
                                 SATNA (MADHYA PRADESH)

                           8.    STATION HOUSE OFFICER, POLICE STATION
                                 KOTAR DISTRICT SATNA (MADHYA PRADESH)
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 11-08-2023
10:12:09
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                           9.    SHRI   AJIT    TIWARI, NAYAB             TEHSILDAR
                                 JAITWARA,   DISTRICT    SATNA             (MADHYA
                                 PRADESH)

                           10.   SHRI     P.S.         TRIPATHI, SDO (REVENUE)
                                 MAJHAGANVA,          DISTRICT SATNA (MADHYA
                                 PRADESH)

                           11.   SHRI UDAY GARAG, HALKA PATWARI MEHATU
                                 R/O VILLAGE MEHATU, TEHSIL BIRSINGHPUR,
                                 CIRCLE JAITWARA, PS KOTA, DISTRICT SATNA
                                 (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (BY SHRI PRAMOD KUMAR PANDEY - GOVERNMENT ADVOCATE)

                                  This application coming on for admission this day, JUSTICE SHEEL
                           NAGU passed the following:
                                                                 ORDER

This petition invokes inherent powers of this Court under Section 482 of Cr.P.C. seeking following relief :-

"That this Hon'ble Court may kindly be pleased to issue and directing respondent Nos.4 to 8 to decides & passed the speaking order in the petitioner complaint (Annexure P/1-3) in according to law which may decide within time bound period in the light of identical order passed in WP No.7580/2022 considering the judgment rendered in the case of Rajendra Singh Pawar Vs. State of M.P. and others, reported in I.L.R. [2021] M.P. 289 in according to law."

It is the grievance of the petitioner as projected by the learned counsel for petitioner that despite informing vide information dated 08/02/2022 (Annexure P-1) to the concerned police authorities that certain cognizable offences has been committed by the private respondents herein, no FIR has been lodged. Signature Not Verified Signed by: ANURAG SONI Signing time: 11-08-2023 10:12:09

Bare perusal of the complaint (Annexure P-1) reveals that the action taken by the private respondents appears to be in discharge of their official duties of removal of encroachment.

This Court therefore, is not inclined to interfere in the matter as no ground for invoking inherent jurisdiction is revealed. Accordingly, this petition under Section 482 of Cr.P.C. stands dismissed.

However, petitioner is free to avail any other alternative remedy available to him in law, for which present order shall not come in way.

                                (SHEEL NAGU)                               (AMAR NATH (KESHARWANI))
                                    JUDGE                                           JUDGE
                           as




Signature Not Verified
Signed by: ANURAG SONI
Signing time: 11-08-2023
10:12:09