Ashok Mahor vs The State Of Madhya Pradesh
2023 Latest Caselaw 16692 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                ON THE 9 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 45345 of 2023

                           BETWEEN:-
                           ASHOK MAHOR S/O LATE SHRI LAXMAN MAHOR,
                           AGED ABOUT 52 YEARS, OCCUPATION: PRESIDENT
                           NAGAR PARISHAD SHADORA DISTRICT ASHOKNAGAR
                           (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (BY SHRI R.K. SHRIVASTAVA- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 STATION HOUSE OFFICER POLICE STATION
                                 SHADORA DISTRICT ASHOKNAGAR (MADHYA
                                 PRADESH)

                           2.    STATION HOUSE OFFICER POLICE STATION
                                 DEHAT ASHOKNAGAR ASHOKNAGAR (MADHYA
                                 PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SMT. PADAMSHREE AGARWAL - PANEL LAWYER)

                                 This application coming on for admission 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:

It is therefore prayed that this petition under Section 482 of Cr.P.C may kindly be allowed and the Hon'ble Court may pleased to direct the respondent Police to henceforth arrest the accused Yashwant in FIR No.190/2023 of Police Station Signature Not Verified Signed by: ASHISH PAWAR Signing time: 09-10-2023 06:43:56 PM

Shadora, which is presently under investigation in Police Station Dehat, District Ashoknagar (M.P.) and after arrest, to complete the investigation without any further delay and to file the challan before the competent Court of jurisdiction in order to do justice in the matter, in the interest of justice.

2. At the outset learned Government Advocate 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. Counter to the submission made by the learned Government Advocate, 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 Signature Not Verified Signed by: ASHISH PAWAR Signing time: 09-10-2023 06:43:56 PM

court of jurisdiciton 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 direction can only be given by the Judicial Magistrate of competent criminal jurisdiction under the provisions of secton 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 Pawar

Signature Not Verified Signed by: ASHISH PAWAR Signing time: 09-10-2023 06:43:56 PM