Bhero Lal Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17569 MP

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                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                ON THE 19 th OF OCTOBER, 2023
                                           MISC. CRIMINAL CASE No. 47579 of 2023

                           BETWEEN:-
                           BHERO LAL SAHU S/O SHRI KANWAR LAL SAHU, AGED
                           ABOUT 56 YEARS, OCCUPATION: AGRICULTURE, R/O
                           RAD NO 15, BIMA GANJ CHACHODA DISTRICT GUNA
                           (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (BY SHRI ANUJ M. GUPTA - ADVOCATE)

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

                           2.    DIRECTOR GENERAL OF POLICE               POLICE
                                 H E A D Q U A R T E R S JAHAGIRABAD,     BHOPAL
                                 (MADHYA PRADESH)

                           3.    SUPERINTENDENT OF POLICE DISTRICT GUNA
                                 (MADHYA PRADESH)

                           4.    THANA INCHARGE POLICE STATION CHACHODA,
                                 DISTRICT GUNA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI KAUSHLENDRA SINGH TOMAR- GOVERNMENT ADVOCATE)

                                 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:

Signature Not Verified Signed by: ASHISH PAWAR Signing time: 20-10-2023 02:28:55 PM

It is therefore humbly prayed that this Hon'ble Court may kindly pleased to allow this application and directing the respondent police authorities to file the charge-sheet before the court below and directing the police authority to arrest the accused person forthwith, 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 Signature Not Verified Signed by: ASHISH PAWAR Signing time: 20-10-2023 02:28:55 PM

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 direction 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 and the concerned Court shall hear the matter expeditiously as possible and decide the application in accordance with law.

(MILIND RAMESH PHADKE) JUDGE Pawar

Signature Not Verified Signed by: ASHISH PAWAR Signing time: 20-10-2023 02:28:55 PM