Imran Khan vs The State Of Madhya Pradesh Home ...
2023 Latest Caselaw 11069 MP

                                                            1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 17 th OF JULY, 2023
                                             WRIT PETITION No. 12520 of 2023

                           BETWEEN:-
                           IMRAN KHAN S/O SHRI SAEED KHAN, AGED ABOUT 32
                           YEARS, OCCUPATION: ELECTRICIAN 215/1 BEGAM BAG
                           COLONY DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI SACHIN PARMAR - ADVOCATE)

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

                           2.    SUPERINTENDENT OF POLICE UJJAIN (MADHYA
                                 PRADESH)

                           3.    SHRI MUNENDRA GAUTAM       OCCUPATION:
                                 STATION HOUSE OFFICER POLICE STATION
                                 MAHAKAL UJJAIN (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI AMAY BAJAJ - PL)

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

In the instant petition, the petitioner is seeking a direction to the respondents to register FIR against the respondent No.3 on the ground that he has been brutally beaten and threatened him to falsely implicate under NDPS case by the respondent No.3. He has submitted the complaints to the I.G,

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 17-07-2023 18:03:43

D.I.G, Ujjain and S.P, Ujjain vide Annexure P/1 and also made a complaint on C.M. Helpline.

2. Counsel for State opposed the prayer on the ground that no direction can be issued to register FIR in a writ petition under Article 226 of the Constitution of India in view of the judgment passed by the division bench in the case of Sweta Bhadoriya Vs. State of MP 2017(1)MPLJ(Cr.) 338.

3. After hearing learned counsel for parties and taking into consideration the allegations levelled against the respondent No.3 and the fact that the petitioner has already approached the Superintendent of Police, Ujjain vide representation Annexure P/1, which is considered as an application u/S.156(3)

of the Cr.P.C, the present petition is disposed off with a direction to the respondent No.2 S.P, Ujjain to consider the complaint of the petitioner and to take action in accordance with law within a period of one month from the date of communication of the order.

4. With the aforesaid, the writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 17-07-2023 18:03:43