Ashok Govenshi vs The State Of M.P.
2023 Latest Caselaw 2971 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                             ON THE 17 th OF FEBRUARY, 2023
                                             WRIT PETITION No. 28732 of 2022

                          BETWEEN:-
                          ASHOK GOVENSHI S/O LAKHAMI CHAND GOVENSHI,
                          AGED ABOUT 48 YEARS, OCCUPATION: CONTRACT
                          SERVICE EKTA COLONY AKBER DISTRICT SEONI M.P.
                          (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI RAKESH SINGH - ADVOCATE )

                          AND
                          1.    THE STATE OF M.P. THROUGH ITS SECRETARY
                                HOME    DEPARTMENT      GOVT.  OF   M.P.
                                GOVERNEMNT OF M.P. 3RD AND 4TH FLOOR
                                VALLABH BHAVAN 1 AND II, MANTRALAYA
                                BHOPAL (M.P.) (MADHYA PRADESH)

                          2.    THE COLLECTOR, S EON I DISTRICT SEONI PIN
                                480661 (MADHYA PRADESH)

                          3.    THE   THANA    INCHARGE, POLICE STATION
                                KOTWALI DISTRICT SEONI PIN 480661 (MADHYA
                                PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI YASH SONI - GOVT. ADVOCATE )

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

1. Petitioner has filed this writ petition under Article 226 of the Constitution of India making following reliefs:-

(i) That this Hon'ble Court may kinaly be pleased to issue the writ of

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 2/17/2023 6:15:24 PM

certiorari quashing the approval for prosecution against the petitioner in respect of Crime No. 0575/2019 registered at Police Station, Seoni (M.P.).

(ii) That this Hon'ble Court may kindly be pleased to issue the writ of certiorari quashing the Home Department Government of Madhya Pradesh Order No. F 32-27/2020/2/C-1 Bhopal dated 17.2.2020.

(iii) That this Hon'ble Court may kindly be pleased to quash the FIR No. 0509/2020 registered at Police Station Seoni Madhya Pradesh and the further Court proceedings pending before Judicial Magistrate, Seoni Ms. Ranjna Dodvey in Criminal Case No. 77/2020 be quashed.

(iv) To initiate contempt proceedings against the police officials for not

obeying the landmark judgment (Arnesh Kumar Vs. State of Bihar-(2014) 8 SCC 273) in the case as petitioner was arrested on the very next day of the registration of FIR.

(v) To provide adequate compensation from the irresponsible police officials and a high level committee may enquire into the matter.

(vi) Any other relief which this Hon'ble Court may deem fit and proper, including the cost of the litigation.

2. Counsel appearing for the petitioner submitted that FIR may be quashed as same is filed with malafide intention.

3. What are the malafides have not been stated by the petitioner nor any document has been filed to show malafides. Other grounds raised by the petitioner is that enquiry has not been conducted properly. Holding trial against the petitioner will be abuse of process of Court and judgment of Arnesh Kumar Vs. State of Bihar- has not been considered and petitioner has been arrested contrary to the directions.

4. Heard learned counsel for the parties. Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 2/17/2023 6:15:24 PM

5. On going through the FIR which has been filed along with the writ petition, it is found that prima facie allegations have been made against the petitioner that he posted material on the social media which hurts the religious feelings of other parties.

6. Considering the allegations, prima facie offence appears to be made out against the petitioner.

7. Writ Petition is dismissed.

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 2/17/2023 6:15:24 PM