Shubham Tayde vs The State Of Madhya Pradesh
2023 Latest Caselaw 9118 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 19 th OF JUNE, 2023
                                               WRIT PETITION No. 5056 of 2023

                           BETWEEN:-
                           SHUBHAM TAYDE S/O VIJAY TAYDE, AGED ABOUT 26
                           YEAR S , OCCUPATION: BUSINESS, R/O: 130 JABRAN
                           COLONY JUNI, INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI DHARMENDRA YADAV, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THANA
                                 PRABHARI THROUGH POLICE STATION CHHOTI
                                 GWALTOLI INDORE (MADHYA PRADESH)

                           2.    KULPATI DEVI AHILYA VISHWA VIDYALAYA
                                 INDORE (MADHYA PRADESH)

                           3.    ATIRIKTH                     SANCHALAK INDORE
                                 SANBHAGHAYUKTH            KAARYALAY   INDORE
                                 (MADHYA PRADESH)

                           4.    SARVESH    KHANDELWAL,         OCCUPATION:
                                 SANCHALAK     SANSKAR       COLLEGE     OF
                                 PROFESSIONAL STUDIES, R/O: 500/1 DHAR ROAD
                                 RAMKRISHNA BAG KE SAMNEY INDORE
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY MS. PRANJALI YAJURVEDI, PANEL LAWYER)

                                 T h is petition coming on for order this day, t h e cou rt passed the
                           following:
                                                               ORDER

1. Learned counsel for the petitioner submits that the grievance of the petitioner is that the respondent No.4, College has obtained affiliation from the Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 20-06-2023 10:07:27

University fraudulently and despite his complaint no action has been taken by S.H.O., Police Station - Chhoti Gwaltoli, Indore.

2. Learned counsel for the State raises the objection regarding maintainability of the petition on the ground that petitioner has got efficacious remedy and no direction can be issued to register an FIR under Article 226 of the Constitution of India, in support of her submission she has relied on the judgment passed by the Apex Court in the case of Sakiri Vasu vs. State of U.P. reported in 2008 (2) SCC 409 and the judgment passed by the Division Bench of this Court in the case of Shweta Bhadoriya Vs. State of M.P and others reported in 2017 (1) MPLJ (Cri.) 338.

3. After hearing, learned counsel for the parties and taking into consideration, the judgment passed by the Apex Court and the Division Bench of this Court in the case of Sakiri Vasu (Supra) and Shweta Bhadoriya(supra), the present petition is dismissed. However, the liberty is granted to the petitioner to avail the remedy in accordance with the law.

(VIJAY KUMAR SHUKLA) JUDGE Shilpa

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 20-06-2023 10:07:27