Citation : 2023 Latest Caselaw 2255 MP
Judgement Date : 8 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 8 th OF FEBRUARY, 2023
WRIT PETITION No. 2454 of 2023
BETWEEN:-
1. RAMVEER SINGH S/O SHRI GANESH RAM, AGED
ABOUT 58 YEARS, R/O VILAGE DEVRI, TEHSIL
ARON, DISTRICT GUNA (MADHYA PRADESH).
2. SHIVENDRA SINGH S/O BHAGWAN SINGH
RAGHUVANSHI, AGED ABOUT 56 YEARS,
OCCUPATION: AGRICULTURIST R/O VILLAGE
DEVRI, TEHSIL ARON DIST. GUNA (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI DEPENDRA RAGHUVANSHI - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
DEPARTMENT OF HOME VALLABH BHAWAN
BHOPAL (MADHYA PRADESH).
2. SUPERINTENDENT OF POLICE GUNA DIST. GUNA
(MADHYA PRADESH)
3. SHO POLICE STATION ARON GUNA DISTRICT
GUNA (MADHYA PRADESH)
4. DEVENDRA RAGHUVANSHI S/O SHRI PREM
SINGH RAGHUVANSHI, AGED ABOUT 55 YEARS,
OCCUPATION: AGRICULTURIST R/O GRAM
DEVRI PRESENT ARON GUNA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI DEEPAK KHOT - LEARNED GOVERNMENT ADVOCATE )
Th is petition coming on for hearing this day, th e court passed the
following:
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 09-Feb-23
10:15:19 AM
2
ORDER
On the last date of hearing this court has directed the learned Government Advocate to seek instructions in the matter with regard to the pendency of the investigation which has been kept open as per Section 173(8) of the Cr.P.C.. Today a reply has been filed in the matter and it has been stated that the petitioner has moved an application in this regard and the investigation on it has been completed by the SDO and it has been forwarded to the higher authority for his approval. Since the matter pertains to the investigation which is done by the police authorities, no direction as such can be given to the police authorities in the in wake of the judgment passed by Hon'ble Court in the case of Sakiri
Vasu Vs. State of Uttar Pradesh & Ors. : 2008 (2) SCC 409.
If the petitioner has any grievance with regard to the fairness of the investigation on the part of the police authorities, he may approach the concerned Magistrate under Section 156(3) of the Cr.P.C.
With the aforesaid, this petition stands disposed off.
MILIND RAMESH PHADKE) JUDGE Ahmad
Signature Not Verified Signed by: MOHD AHMAD Signing time: 09-Feb-23 10:15:19 AM
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