Rajendra Prasad Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 16653 MP

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                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 9 th OF OCTOBER, 2023
                                           WRIT PETITION No. 24988 of 2023

                           BETWEEN:-
                           RAJENDRA PRASAD GUPTA S/O LATE SHEETAL
                           PRASAD GUPTA, AGED ABOUT 60 YEARS, OCCUPATION:
                           BUSINESSMAN R/O WARD NO. 13 SABHAPUR TEHSIL
                           BIRSINGHPUR DISTRICT SATNA (MADHYA PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI R.K. KESHARWANI-ADVOCATE )

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

                           2.    THE DIRECTOR GENERAL OF POLICE HEAD
                                 POLICE QUARTER BHOPAL (MADHYA PRADESH)

                           3.    THE INSPECTOR GENERAL OF POLICE REWA
                                 RANGE REWA (MADHYA PRADESH)

                           4.    THE SUPERINTENDANT OF POLICE      SATNA
                                 DISTRICT SATNA (MADHYA PRADESH)

                           5.    THE STATION HOUSE OFFICER POLICE STATION
                                 S A B H A P U R DISTRICT SATNA  (MADHYA
                                 PRADESH)

                           6.    THE NAYAB TEHSILDAR / THE EXECUTIVE
                                 MAGISTRATE  VRATTA   JAITWARA TEHSIL
                                 BIRSINGHPUR DISTRICT SATNA (MADHYA
                                 PRADESH)

                           7.    SHRIMATI MANJU DEVI AGRAWAL W/O
                                 GAURISHANKAR AGRAWAL, AGED ABOUT 50
                                 YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE
                                 BIRSINGHPUR TEHSIL BIRSINGHPUR DISTRICT
Signature Not Verified
                                 SATNA (MADHYA PRADESH)
Signed by: KUNDAN
SHARMA
Signing time: 10/10/2023
10:51:44 AM
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                           8.    RAMVISHWAS S/O LATE BARIPRASAD DWIVEDI,
                                 AGED    ABOUT    59   YEARS, OCCUPATION:
                                 AGRICULTURIST R/O WARD NO. 13 SABHAPUR
                                 TEHSIL   BIRSINGHPUR   DISTRICT   SATNA
                                 (MADHYA PRADESH)

                           9.    RAMNIVAS S/O LATE BADRIPRASAD DWIVEDI,
                                 AGED    ABOUT    57  YEARS, OCCUPATION:
                                 AGRICULTURIST R/O WARD NO. 13 SABHAPUR
                                 TEHSIL   BIRSINGHPUR  DISTRICT   SATNA
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI V.P. TIWARI-GOVERNMENT ADVOCATE FOR STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

Shri R.K. Keshwani, learned counsel for the petitioner submits that there is a judgment and decree in his favour against which F.A. No. 699/2010 is pending before this Court in which there is an order of status-quo. Taking advantage of the order of status-quo, respondents herein have obtained mutation of the suit property in their names in fraudulent manner.

If any fraud has been committed and police is not acting on the report of commission of such fraud, then petitioner has remedy to approach competent authority under Section 156(3) of Cr.P.C. or by fling a private complaint under Section 200 of Cr.P.C. Therefore, in view of law laid down by the Supreme Court in Sakiri Basu Vs. State of U.P. and others (2008) SCC 409 petitioner is relegated to avail such statutory remedy.

With the aforesaid petition is disposed of.

(VIVEK AGARWAL) JUDGE Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 10/10/2023 10:51:44 AM

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 10/10/2023 10:51:44 AM