Keshav vs The State Of Madhya Pradesh
2023 Latest Caselaw 13511 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                    ON THE 18 th OF AUGUST, 2023
               MISC. CRIMINAL CASE No. 3474 of 2016

BETWEEN:-
1.    KESHAV S/O SHRI RAMDAYAL, AGED ABOUT 30
      YE A R S , OCCUPATION: AGRICULTURIST, R/O
      VILLAGE CHHONDA P.S. CIVIL LINES, DISTRICT
      MORENA (MADHYA PRADESH)

2.    KAMAL S/O MUKESH KUMAR, AGED ABOUT 21
      YEARS, OCCUPATION: TEACHER, R/O VILLAGE
      CHHONDA P.S. CIVIL LINES, DISTRICT MORENA
      (MADHYA PRADESH)

3.    HAKIMSINGH NANDA S/O RAGHUVAR DAYAL,
      AGED     ABOUT    50   YEARS, OCCUPATION:
      JOURNALIST, R/O VIKRAM NAGAR P.S. CIVIL
      LINES, DISTRICT MORENA (MADHYA PRADESH)

                                                             .....PETITIONERS
(BY SHRI R.K.SHARMA - SENIOR ADVOCATE WITH SHRI V.K.AGRAWAL-
ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION SARAICHHOLA, DISTRICT
      MORENA (MADHYA PRADESH)

2.    SMT.SUMAN W/O RAMESH VARAIYA, AGED
      ABOUT 35 YEARS, VILLAGE CHHONDA P.S. CIVIL
      LINES, DISTRICT MORENA (MADHYA PRADESH)

                                                           .....RESPONDENTS
(RESPONDENT NO. 1/STATE BY SHRI NIRMAL KUMAR SHARMA - PP )

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

Petitioners/accused have filed this petition under Section 482 of Cr.P.C.

for quashing of the private complaint as well as order dated 27/10/2015 passed by Special Judge (MPDVPK Act), Morena whereby, learned Court below under Section 156(3) of Cr.P.C. has directed to the concerning police authorities to register the case and file investigation report before the Court..

Learned senior counsel for the petitioners prayed for quashing of private complaint on the ground that respondent No. 2/complainant filed the complaint under Section 200 of Cr.P.C. and without filing any applicaiton under Section 156(3) of Cr.P.C. learned Court below issued direction for enquiry under Section 156(3) of Cr.P.C. which is contrary to the judgment of Apex Court in the matter of Mrs. Priyanka Srivastavga and Anr. Vs. State of U.P. and

Ors., AIR 2015 SC 1758, Anjani Kumar vs. State of Bihar and Anr., (2008) 5 SCC 248 as well as decision of this Court in the matter of Ramyash Tiwari Vs. State of M.P., 2013(1)MPLj (Cri) 484.

From perusal of impugned order, it appears that learned Court below has directed the Police to investigate the matter as according to the Court, enquiry of the cognizable offence which has been alleged to be committed is not possible by the Court itself and also found that complainant has also filed complaint regarding commission of offence to police also previously however, no action has been taken and further the accused has no right to object the proceedings of the Court until and unless cognizance is taken in the matter. Hence, in the opinion of this court, learned Court below has not committed any error while passing the impugned order directing the police to register the FIR and file investigation report.

Further, if the complaint is filed under Section 200 Cr.P.C. then it does not bind the Court to proceed in accordance with provisions of Section 200

Cr.P.C. strictly, still it is the prerogative of Court either to direct under Section 156(3) of Cr.P.C. to the police to investigate the matter or proceed as per Section 200 of Cr.P.C., as per facts and circumstances of the each case.

As regards judgments cited by learned senior counsel for the petitioners are concerned, same are not applicable in the facts and circumstances of the instant case as they move in different factual realm as in these matters on an application filed by either complainant or prosecution under Section 156(3) of Cr.P.C., direction for registration of FIR and police investigation was issued; whereas, in the instant case, the Court below finding that investigation of the allegation made in the complaint are not possible by the Court, directed the Police Authorities to register the FIR and file investigation report before the Court.

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,

PRAKASH postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec 865c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8 CB2193780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B80 72A2D8C01433EBD48AE4F609F108CA8F8DE6 B522, cn=JAI PRAKASH SOLANKI Date: 2023.08.18 15:43:44 +05'30'