Manoj Kumar Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 22078 MP

Madhya Pradesh High Court

Manoj Kumar Gupta vs The State Of Madhya Pradesh on 21 December, 2023

Author: Anand Pathak

Bench: Anand Pathak

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                         MCRC No. 50802 of 2023
          (MANOJ KUMAR GUPTA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 21-12-2023
      Shri R.K. Sharma - Senior Advocate with Shri Sanjay Gupta, Shri

Abhijeet Singh Tomar and Ms. Bhavya Sharma - Advocates for petitioner.
      Shri Nilesh Singh Tomar - Public Prosecutor for respondent No.1/State.

Present petition is preferred under Section 482 of Cr.P.C. taking exception to registration of FIR vide Crime No.996/2023 at Police Station Kotwali Morena for alleged offence under Sections 420, 467, 468, 471 & 120 B

of IPC.

It is the grievance of petitioner that earlier case was registered at the instance of complainant and immediately thereafter an application under Section 156(3) of Cr.P.C. was given by respondent/complainant in which allegation was made against inaction of police authorities. That application was dismissed. Thereafter, complainant moved petition under Section 482 of Cr.PC. vide M.Cr.C. No.20781/2023 in which matter was remanded back to file affidavit along with application under Section 156(3) Cr.P.C. Thereafter, concerned Magistrate again dismissed the application after considering the submission of

complainant. Thereafter, he again moved a petition under Section 482 of Cr.P.C. vide M.Cr.C. No.39556/2023 in which vide order dated 27.09.2023 direction was given for registration of FIR. Incidentally, present petitioner as accused was made party but no opportunity of hearing was given and it appears that on first date itself matter was disposed of with direction which causes severe prejudice to the petitioner. He relied upon judgment passed by Apex Court in the case of Lalita Kumari Vs. State of U.P. - (2014) 2 SCC 1 and

submits that preliminary enquiry in such matter was required to be conducted but because of the effect of the order so passed in M.Cr.C. No.39556/2023 police had no other option but to register the case. Bail application of co- accused Sangeeta Gupta and Deepti Gupta are pending consideration before this Court vide M.Cr.C. No.53343/2023. All these circumstances put the petitioner and other co-accused in precarious condition.

Learned counsel for respondent opposed the prayer. However, fairly submits that fair investigation shall be carried out by the Investigating Officer keeping the facts and circumstances of the case into consideration.

In peculiar facts and circumstances of the case and the facts as narrated

above, I.O. shall continue to investigate the matter without adopting coercive method.

Since respondent No.2 has been served but he did not choose to appear today, therefore, matter is placed on 09.01.2024.

(ANAND PATHAK) JUDGE Van

VANDANA VERMA 2023.12.21 18:26:48 +05'30'