Umashankar Shrivastava vs Police Station Incharge
2023 Latest Caselaw 22269 MP

Madhya Pradesh High Court

Umashankar Shrivastava vs Police Station Incharge on 22 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                                IN   THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 22 nd OF DECEMBER, 2023
                                              WRIT PETITION No. 30423 of 2023

                           BETWEEN:-
                           UMASHANKAR     SHRIVASTAVA S/O LATE SHRI
                           RAMPRASAD SHRIVASTAVA L.I.G. 111, SADA COLONY,
                           RAGHOGARH, DIST. GUNA AND PRESENTLY R/O 32,
                           SHIKSHAK NAGAR, KALANI NAGAR, AERODROME
                           ROAD, INDORE (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI RAGHAV SHRIVASTAVA - ADVOCATE)

                           AND
                           1.    POLICE STATION INCHARGE CRIME BRANCH
                                 DIST. DHAR (MADHYA PRADESH)

                           2.    SUPERINTENDENT OF           POLICE DISTT.     DHAR
                                 (MADHYA PRADESH)

                           3.    STATE OF M.P THROUGH COLLECTOR DIST.
                                 DHAR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY MS. BHARTI LAKKAD - G.A)

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

The present petition is filed under Article 226 of the Constitution of India seeking a direction for registration of FIR. The petitioner made a complaint to the police for commission of offence u/Ss.419, 420, 506, 406, 409 and 120-B of IPC alleging non payment of Rs.4,02,81,750/- by the contractor M/S. Sanjeev Kumar Goyal of which the petitioner was a sub contractor.

2. Counsel for State raises preliminary objection regarding maintainability of the petition seeking a direction for registration of FIR and it is argued that no such direction can be issued for registration of FIR under Article 226 of the Constitution of India in view of the judgment passed by the division bench in the case of Sweta Bhadoriya 2007(1)MPJR 247 and Dharmendra Soni 2008(1)MPLJ 716.

3. In the light of the aforesaid judgment passed by the division bench in the case of Sweta Bhadoriya (supra), the present petition is dismissed with liberty to the petitioner to resort to alternative remedy available to him in accordance with law.

(VIJAY KUMAR SHUKLA) JUDGE VM