Vishwajeet Upadhyay vs The State Of Madhya Pradesh
2023 Latest Caselaw 11048 MP

                                 1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 17 th OF JULY, 2023
              MISC. CRIMINAL CASE No. 30605 of 2023

BETWEEN:-
VISHWAJEET UPADHYAY S/O SHRI N.K. UPADHYAY,
AGED 35 YEARS, R/O B-8 OMRAJ BHAWAN KRISHNA
NAGAR GOLE KA MANDIR GWALIOR (MADHYA
PRADESH)

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

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

2.    SUPERINTENDENT     OF  POLICE,  GWALIOR
      DISTRICT- GWALIOR, (MADHYA PRADESH)

3.    STATION HOUSE OFFICER THROUGH POLICE
      STATION- GOLA KA MANDIR, DISTRICT-
      GWALIOR (MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR)

      This application coming on for admission this day, the court passed the
following:
                                  ORDER

B y way of this petition filed under Section 482 of Cr.P.C., the applicant is seeking a direction to respondent/Authority for taking appropriate action on the complaint/application submitted by applicant on 01/03/2023 in the light of judgment passed by Hon'ble Supreme Court in

the matter of Lalita Kumari vs. State of UP and Others (2008) 4 SCC 164 as well as in the matter of Mithilesh Kumar Singh vs.State of Rajasthan (2015) 9 SCC 795.

It is submitted by counsel for applicant that the authority concerned is the duty-bound to register a case/complaint on receiving the information from the applicant disclosing cognizable offence. Genuineness or credibility of information is not a condition precedent for registration of a case or complaint.

O n the other had, learned counsel for the State submits that after

analyzing or marshaling complaint/application submitted by applicant if same discloses commission of cognizable offence, then complaint/FIR must be registered by the authority concerned against accused and must be taken appropriate action against the accused.

In view of submissions made by counsel for the parties and on going through the documents available on record, this petition is disposed of with a direction to the respondent/Authority to first go through complaint/application made by applicant and take appropriate action in accordance with law keeping in view the judgments passed by Hon'ble Supreme Court in the case of Lalita Kumari (supra) and Mithilesh Kumar Singh(supra) and submit the report in this regard before the Registry of this Court within a period of three months from the date of receipt of copy of this order.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, JUDGE SINGHrahul 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676 d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910F

PARIHAR D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.07.18 11:39:02 +05'30'