Dharmendar vs Ganesh Shankar Mishra
2023 Latest Caselaw 4325 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                              HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                               ON THE 20 th OF MARCH, 2023
                                               WRIT APPEAL No. 1350 of 2022

                          BETWEEN:-
                          DHARMENDAR S/O HARERAM SHUKLA OCCUPATION:
                          PATRAKAR MUKHY SANPADHAK MEDIA TANTRA 28,
                          SHRI RAM NAGAR, SIMROL ROAD, MHOW, DISTRICT
                          INDORE (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          ( SHRI HARISH KUMAR SHARMA-ADVOCATE)

                          AND
                          1.    GANESH SHANKAR MISHRA S/O SHIVBHAGWAN
                                MISHRA, AGED ABOUT 38 YEARS, OCCUPATION:
                                GOVERNMENT SERVICE, ADDRESS:- MANAGING
                                DIRECTOR MADHYA KSHRITRA VIDUT VITRAN
                                CO. LTD. D-1 ITI COLONY, GOVINDPURA,
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          2.    M.P.   SHASAN THROUGH            P.S.   ALIRAJPUR
                                (MADHYA PRADESH)

                          3.    M.P. SHASAN THROUGH MUKHYA SACHIV
                                (PERSONAL) SAMANAYA PRASHASAN VIBHAG
                                MANTRALAY VALLABH BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (SHRI AJAY KUMAR MISHRA, SENIOR ADVOCATE WITH MS. SOUMYA
                          SETHI- ADVOCATE FOR RESPONDENT NO. 1)

                                This appeal coming on for admission this day, JUSTICE SUSHRUT
                          ARVIND DHARMADHIKARI passed the following:
                                                             ORDER

Heard on the question of admission and interim relief. Signature Not Verified Signed by: VARSHA DUBEY Signing time: 3/21/2023 6:09:50 PM

This writ appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed assailing the order dated 26.09.2022, passed in WP No. 45/2022, whereby the writ petition has been dismissed with a heavy cost.

Appellant had filed the writ petition praying for the following reliefs:-

" i) That the Hon’ble Court be pleased to call for the record of the matter and after perusal whereof be pleased to issue appropriate writ quashing the impugned order dated 04.12.21 passed in Criminal Case No. 2280/21 by JMFC Alirajpur taking cognizance of offence punishable under the provisions of IPC against petitioner without there

being any incriminating basis or material and acting in violation of the mandatory provision of Section 197 of Cr.P.C.

ii) That appropriate command or direction be issued commanding respondent No. 3 not to consider the pendency of above mentioned criminal case while processing petitioner's application for grant of vigilance clearance required for petitioner's posting under the Central Staffing Scheme.

iii) That the Hon'ble Court be further pleased to pass appropriate command/direction for initiating appropriate action against respondent No. 1 for abusing the process of law falsely implicating petitioner.

iv) That the Hon'ble Court be pleased to take cognizance of deliberate, wilful and repeated contemptuous conduct and attempt to abuse the process of law be pleased to pass appropriate order for initiating proceedings for contempt of court and to punish respondent No. 1 appropriately.

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 3/21/2023 6:09:50 PM

v) That the Hon'ble Court be further pleased to pass appropriate order directing respondent No. 1 to pay appropriate compensation to the petitioner for defamation and disrepute suffered by him.

vi) That any other relief which this Hon’ble Court deem just and necessary in the interest of justice be also award and granted to the petitioner."

The only grievance of the appellant is that in paragraph No. 5 of the judgment, the learned Single Judge has used the words "shocked and surprised" to see the misuse of the process of law by respondent No.1(appellant). The Learned Single Judge has dealt the issue of registration of case alleging corruption against the respondent No. 1 herein. It was found that the respondent No.1 became IAS Officer in the year 2010. Thereafter, he was appointed as Collector on 20.10.2016 whereas the allegations of corruption relates to the year 2008 when respondent No. 1 was not even born in the cadre. No other grounds have been raised by the appellant.

Learned Senior Counsel appearing for the respondent has vehemently opposed the prayer and submitted that the appellant being a journalist, is in the habit of blackmailing good officers. In paragraph No. 8 of the order passed by the learned Single Judge, the appellant has already fairly admitted that there is no allegation against the respondent No.1 in respect of the corruption. It is only out

of sympathy shown by learned Single Judge, such an order has been passed against the appellant. Therefore, this appeal deserves to be dismissed.

On perusal of the order, it is seen that the learned Single Judge has not committed any error in dismissing the writ petition. The appellant has admitted that there is no allegation of corruption against the respondent No.1. The only

Signature Not Verified grievance is that he supported the other officers in committing corruption, this Signed by: VARSHA DUBEY Signing time: 3/21/2023 6:09:50 PM

cannot be a ground to interfere in the writ petition.

Accordingly, this appeal being bereft of merits and substance is hereby dismissed.

                               (S. A. DHARMADHIKARI)                       (PRAKASH CHANDRA GUPTA)
                                        JUDGE                                       JUDGE
                          VD




Signature Not Verified
Signed by: VARSHA DUBEY
Signing time: 3/21/2023
6:09:50 PM