Madhya Pradesh High Court
Beby Devi Tomar vs The State Of Madhya Pradesh on 22 November, 2023
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 22 nd OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 36151 of 2023
BETWEEN:-
BEBY DEVI TOMAR W/O SHRI SUKHLAL SINGH
TOMAR, AGED ABOUT 48 YEARS, OCCUPATION:
HOUSEWIFE R/O VILLAGE RAWAT PURA POLICE
STATION PORSA DISTRICT MORENA (MADHYA
PRADESH)
.....PETITONER
(BY SHRI SUSHANT SINGHAL- ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SUPERINTENDENT OF POLICE DISTRICT
MORENA (MADHYA PRADESH)
2. STATION HOUSE OFFICER, POLICE STATION
PORSA, DISTT. MORENA (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. KALPANA PARMAR- PANEL LAWYER FOR THE STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
1. The present petition under Section 482 of Cr.P.C has been preferred
seeking the following reliefs:
"अतएव माननीय यायालय से िवन ाथना है िक आवेिदका क ओर से
तुत आवेदन प अंत गत धारा 482 द. .सं. वीकार कर, उ करण
का Fair Investigation िकये जाने हेत ु रे पोडटस को िनदिशत िकये जाने
हेत ु आदेश पा रत करने क कृपा क जावे।"
2. At the outset learned Panel Lawyer submits that the relief which has
10:37:34 AM
been sought by the petitioner is not maintainable in the light of the judgment
rendered by the Hon'ble Apex Court in the case of Aleque Padamsee and
others Vs. Union of India and others, (2007) 6 SCC 171, Sakiri Vasu Vs.
State of U.P., 2008 AIR SCW 309 and Shweta Bhadauria Vs. State of
M.P. And others, 2017 (1) MPJR 247 and the proper remedy available to
the petitioner is to approach the competent Court of criminal jurisdiction under
the provisions of section 156 (3) of Cr.P.C., and therefore, the present petition
under Section 482 of Cr.P.C is not maintainable.
3. Countering the submission made by the learned Panel Lawyer, learned
counsel for the petitioner submits that though as per the directions of the
Hon'ble Apex Court the remedy available to the petitioner is before competent
Court of Criminal Jurisdiction, but as per the provisions contained under
section 173 of Cr.P.C this Court can direct the police officials to complete the
investigation as early as possible, and therefore, status report with regard to
investigation done by the police officers be called for and they may further
be directed to carry out the investigation properly.
4. After hearing the rival contentions, this Court finds that the issue with
regard to directing the police officials to conduct proper investigation and to
make arrest of the accused persons and file challan before the competent court
of jurisdiction is no more res integra, in the judgments cited by the learned
counsel for the respondent/State the issue is very well settled that such type
o f directions can only be given by the Judicial Magistrate of competent
criminal jurisdiction under the provisions of section 156 (3) of Cr.P.C.
5 . In the light of the aforesaid, this petition being devoid of any
substance is hereby dismissed. The petitioner is at liberty to approach the
concerned Judicial Magistrate for redressal of her grievance.
(MILIND RAMESH PHADKE)
JUDGE
ms/-
