Rekha Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 1730 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                             ON THE 31 st OF JANUARY, 2023
                                            WRIT PETITION No. 2451 of 2023

                          BETWEEN:-
                          1.    REKHA JATAV W/O SHRI CHARAN SINGH JATAV,
                                AGED ABOUT 35 YEARS,     R/O RAM NAGAR,
                                DATIA (MADHYA PRADESH).

                          2.    CHARAN SINGH JATAV S/O SHRI HALKE RAM
                                JATAV, AGED ABOUT 36 YEARS, R/O RAM NAGAR
                                DATIA (MADHYA PRADESH)

                                                                                   .....PETITIONERS
                          (BY SHRI YASH SHARMA - ADVOCATE )

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

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

                          3.    STATION HOUSE OFFICER POLICE STATION
                                KOTWALI, DISTRICT DATIA (MADHYA PRADESH).

                          4.    ANURAG SINGH YADAV S/O RANJIT SINGH
                                YADAV, AGED ABOUT 33 YEARS, R/O MARUTI
                                NAGAR, JHANSI ROAD, DATIA (MADHYA
                                PRADESH).

                                                                                 .....RESPONDENTS
                          (BY SHRI DEVENDRA CHOUBEY ,LEARNED GOVERNMENT ADVOCATE )

                                Th is petition coming on for hearing this day, th e court passed the
                          following:
                                                           ORDER

Signature Not Verified Signed by: MOHD AHMAD Signing time: 01-Feb-23 10:33:01 AM

By way of the present petition, relief has been sought for directing the police authorities to take note of the documents submitted by the petitioner in the light of the order passed by the Divison Bench in W.P. No.119/2017 which even after being submitted by the petitioner are not being considered by the Investigating Authorities of Crime No.33/2017.

It is has been argued by the learned counsel for the petitioner that though the documents relevant for the investigation has been submitted by the petitioner, the investigating authorities are not considering those documents and are not properly investigating the matter and till date even had not reached to a logical conclusion. A direction has been sought for directing the police

authorities to consider those documents filed by the petitioner and take appropriate decision thereafter.

Per contra, Shri Devendra Choubey, learned Government Advocate submits that such type of directions cannot be issued by in the writ jurisdiction of this Court as there is a clear bar of even entertaining such type of petitions in the light of the judgment passed in Sakri Vasu vs. State of U.P. (2008) 2 SCC 409 and therefore, he submits that the petition is misconceived and deserves to be dismissed.

At this juncture, learned counsel for the petitioner prays for withdrawal of this petition with a liberty to approach before the concerned Magistrate under Section 156(3) of the Cr.P.C. for redressal of his grievance.

The prayer so made by the counsel for the petitioner is not opposed by the learned Government Advocate.

Looking to the innocuous prayer made by the learned counsel for the petitioner, the petition is disposed of with a direction to the petitioner to

Signature Not Verified approach before the concerned Magistrate under the provision of Section Signed by: MOHD AHMAD Signing time: 01-Feb-23 10:33:01 AM

156(3) of the Cr.P.C. for redressal of his grievance.

With the aforesaid direction, the petition stands disposed off. E-copy/Certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 01-Feb-23 10:33:01 AM