Mahendra vs The State Of Madhya Pradesh Home ...
2023 Latest Caselaw 3728 MP

                                                            1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                              ON THE 2 nd OF MARCH, 2023
                                            WRIT PETITION No. 4880 of 2023

                          BETWEEN:-
                          MAHENDRA S/O FAKIRCHAND PARMAR, AGED ABOUT
                          30 YEARS, OCCUPATION: SALES MAN 57 HANUMAN
                          RUNDI, DISTRICT RATLAM (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (SHRI NAVENDU JOSHI, LEARNED COUNSEL FOR THE PETITIONER)

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

                          2.    SUPERINTENDENT         OF       POLICE RATLAM
                                (MADHYA PRADESH)

                          3.    TOWN    INSPECTOR POLICE STATION         ROAD,
                                RATLAM (MADHYA PRADESH)

                          4.    HEMANT S/O MAHENDRA BAGDI 80, FEET,
                                EMPLOYEE  COLONY, RATLAM  (MADHYA
                                PRADESH)

                          5.    PADMAVATI AGENCY D.S.A. HERO FINANCE
                                COM PAN Y JUST ABOVE PUNJAB AND SINDH
                                BANK, STATION ROAD, RATLAM (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS
                          ( SHRI AAKASH SHARMA, LEARNED GOVT. ADVOCATE FOR THE
                          RESPONDENT/STATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
                                                            ORDER

Signed by: PREETHA NAIR Signing time: 3/3/2023 4:41:56 PM

In this petition filed under Article 226 of the Constitution of India, the petitioner is aggrieved by the inaction of the respondents/authorities in not taking any action on the representation/complaint made by the petitioner against the respondent no.4 and is not registering FIR against him.

Per contra, learned Government Advocate for the State opposed the prayer and submitted that no such direction can be issued to the investigating authority to arrest the accused persons and to make fair investigation. If no action is being taken by the Police Authorities to

arrest the accused persons, the petitioner is having alternative efficacious remedy of filing an application under Section 156(3) of the Cr.P.C. as has been held in the case of Shweta Bhadoriya Vs. State of M.P. & others (2017 (1) MPLJ (Cri) 338). As such, this petition is misconceived and the same is liable to be dismissed.

At this stage, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition filed under Article 226 of the Constitution of India with liberty to file an application under Section 156(3) of the Cr.P.C. before the Magistrate in the light of the judgment in the case of Shweta Bhadoriya (supra).

Accordingly, writ petition stands dismissed as withdrawn with the aforesaid liberty.

(S. A. DHARMADHIKARI) Signature Not Verified Signed by: PREETHA NAIR Signing time: 3/3/2023 4:41:56 PM

JUDGE

pn

Signature Not Verified Signed by: PREETHA NAIR Signing time: 3/3/2023 4:41:56 PM