Arvindra Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 3251 MP

                           1
 IN    THE    HIGH COURT OF MADHYA PRADESH
                   AT JABALPUR
                          BEFORE
            HON'BLE SHRI JUSTICE ANAND PATHAK
                ON THE 22 nd OF FEBRUARY, 2023
                WRIT PETITION No. 4277 of 2023

BETWEEN:-
ARVINDRA RAJAK S/O SHRI DHANIRAM RAJAK, AGED
ABOUT 34 YEARS, R/O NEAR DUDHICHUA GAS
GODOWN, SECTOR B, LAXMI NAGAR MARKET JAYANT
POLICE  STATION    VINDHYANAGAR    SINGRAULI
(MADHYA PRADESH)

                                                 .....PETITIONER
(BY SHRI VIDYA SHANKAR MISHRA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      THE SECRETARY HOME (POLICE) DEPARTMENT
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    SUPERINTENDENT OF POLICE SINGRAULI
      DISTRICT SINGRAULI (MADHYA PRADESH)

3.    STATION HOUSE OFFICER POLICE STATION
      VINDHYANAGAR DISTRICT SINGRAULI (MADHYA
      PRADESH)

4.    IN CHAR GE POLICE CHOWKI JAYANT POLICE
      STATION,     VINDHYANAGAR,    DISTRICT
      SINGRAULI (MADHYA PRADESH)

5.    KUSH SINGH S/O LALLU SINGH R/O NEAR
      DUDHICHUA GAS GODOWN, SECTOR B, POLICE
      CHOWKI   JAYANT,  P.S.  VINDHYANAGAR,
      SINGRAULI DISTRICT SINGRAULI (MADHYA
      PRADESH)

6.    ANJU SINGH (ANJU PANIKA) W/O KUSH SINGH
      R/O NEAR DUDHICHUA GAS GODOWN, SECTOR B,
      POLICE CHOWKI JAYANT, P.S. VINDHYANAGAR,
      SINGRAULI DISTRICT SINGRAULI (MADHYA
      PRADESH)
                                        2
                                                                   .....RESPONDENTS
(BY SHRI DILIP PARIHAR - PANEL LAWYER)

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

By way of this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(i) This Hon'ble Court may kindly be pleased to command the respondent nos.1 to 4 to get the investigation in respect of Crime No.0592/2022 conducted again in a fair and impartial manner in accordance with the prescribed procedure and the provisions of law and then

submit supplementary challan.

(ii) This Hon'ble Court may kindly be further pleased to issue a direction to the respondent nos.1 to 4 to request the court where the challan has been filed not to proceed in the matter until supplementary challan is filed.

(iii) Any other relief to which the petitioner found entitled to be also granted.

(v) Cost of the petition.

In short, the petitioner herein is seeking a fair and impartial investigation. Learned counsel for respondent-State opposed the prayer and relied upon the judgment passed by a Division Bench of this Court in the case of Shweta Bhadauria v. State of Madhya Pradesh 2016 SCC Online MP 12224. The said judgment is based upon the judgments passed by the Apex Court in the cases of Sakiri Vasu v. State of Uttar Pradesh (2008) 2 SCC 409 and Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage (2016) 6 SCC 277.

Considering the submissions of learned counsel for the petitioner, this petition is being disposed of with a direction to the petitioner to avail other remedies in accordance with law as per the mandate of Apex Court as well as the Division Bench of this Court. Even otherwise, it is the primary duty of police authorities to conduct fair and impartial investigation.

With the above, the petition stands disposed of.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.22 18:00:02 +05'30'