Rajendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19497 MP

Madhya Pradesh High Court

Rajendra Singh 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. 20919 of 2019

                           BETWEEN:-
                           RAJENDRA SINGH S/O HUKUM SINGH CHAUHAN, AGED
                           ABOUT 44 YEARS, GRAM KAMRARI PS JIGNA (MADHYA
                           PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI VIVEK VYAS - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH POLICE
                                 ADHIKSHAK PS BHIND (MADHYA PRADESH)

                           2.    THANA    PRABHARI POLICE THANA POLICE
                                 THANA RAWATPURA DISTT BHIND (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           (SMT KALPANA PARMAR - PANEL LAWYER)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioner seeking direction to register an FIR as well as to arrest the accused persons.

2. At the outset, learned Public Prosecutor submits that the relief which has 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 submissions made by the learned Public Prosecutor, learned counsel for the petitioner submitted 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 this Court by invoking inherent powers under Section 482 of Cr.P.C. can direct the police authorities to

conduct the investigation properly on the complaint so made by the petitioner.

4. After hearing the rival contentions, this Court finds that the issue with regard to directing the police officials to register FIR, conduct proper investigation, 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 of 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 a liberty to approach the concerned Judicial Magistrate for redressal of his grievance.

(MILIND RAMESH PHADKE) JUDGE pwn*