Madhya Pradesh High Court
Pushpraj Singh Sikarwar vs The State Of Madhya Pradesh on 22 December, 2023
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 22 nd OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 55707 of 2023
BETWEEN:-
PUSHPRAJ SINGH SIKARWAR S/O SHRI ASHOK SINGH
SIKARWAR, AGED ABOUT 22 YEARS, NARAYAN VIHAR
COLONY GOLE KA MANDIR GIRD GWALIOR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI DHARMENDRA RISHISHWAR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE MAHANIDESHAK SWAMI DAYANAND
NAGAR JAHAGIRABAD BHOPAL (MADHYA
PRADESH)
2. SUPERINTENDENT OF POLICE BHIND (MADHYA
PRADESH)
3. INCHARGE POLICE STATION THE STATE OF
MADHYA PRADESH BHIND (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI K.S. TOMAR - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
This petition under Section 482 of the Code of Criminal Procedure has
been filed by the petitioner seeking direction to register an FIR as well as to
arrest the accused persons.
2. At the outset, learned Public Prosecutor submits that the relief which
has been sought by the petitioner is not maintainable in the light of the judgment
rendered by the Hon'ble Apex Court in the case of Aleque Padamsee and
others Vs. Union of India and others, (2007) 6 SCC 171, Sakiri Vasu Vs.
State of U.P., 2008 AIR SCW 309 and Shweta Bhadauria Vs. State of
M.P. And others, 2017 (1) MPJR 247 and the proper remedy available to the
petitioner is to approach the competent Court of criminal jurisdiction under the
provisions of section 156 (3) of Cr.P.C., and therefore, the present petition
under Section 482 of Cr.P.C is not maintainable.
3 . Countering the submissions made by the learned Public Prosecutor,
learned counsel for the petitioner submitted that though as per the directions of
the Hon'ble Apex Court the remedy available to the petitioner is before
competent Court of Criminal Jurisdiction, but this Court by invoking inherent
powers under Section 482 of Cr.P.C. can direct the police authorities to
conduct the investigation properly on the complaint so made by the petitioner.
4. After hearing the rival contentions, this Court finds that the issue with
regard to directing the police officials to register FIR, conduct proper
investigation, to make arrest of the accused persons and file challan before the
competent court of jurisdiction is no more res integra. In the judgments cited
by the learned counsel for the respondent/State the issue is very well settled
that such type of directions can only be given by the Judicial Magistrate of
competent criminal jurisdiction under the provisions of section 156 (3) of
Cr.P.C.
5 . In the light of the aforesaid, this petition being devoid of any
substance is hereby dismissed. The petitioner is at a liberty to approach the
concerned Judicial Magistrate for redressal of his grievance.
(MILIND RAMESH PHADKE)
JUDGE
neetu
