Citation : 2023 Latest Caselaw 17576 MP
Judgement Date : 19 October, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 19 th OF OCTOBER, 2023
WRIT PETITION No. 26679 of 2023
BETWEEN:-
SMT. NEHA W/O AAYUSH, AGED ABOUT 24 YEARS,
OCCUPATION: HOUSEWIFE R/O GURADIYA DEDA AT
PRESENT RICHALALMUHA TEHSIL DALODA DISTT.
MANDSAUR (MADHYA PRADESH)
.....PETITIONER
(SHRI SANTOSH KUMAR MEENA, LEARNED COUNSEL FOR THE
PETITIONER .
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY DEPARTMENT OF HOME VALLABH
BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)
2. COMMISSIONER OF POLICE UJJAIN, DIST.
UJJAIN (MADHYA PRADESH)
3. SUPERINTENDENT OF POLICE MANDSAUR,
DIST.MANDSAUR (MADHYA PRADESH)
4. POLICE STATION INCHARGE Y.D. NAGAR
MANDSAUR, DIST. MANDSAUR (MADHYA
PRADESH)
.....RESPONDENTS
(MS. PRANJALI YAJURVEDI - P.L. FOR STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition is filed under Article 226 of the Constitution of India. The petitioner is married with respondent No.4 on 29.11.2021. She was residing Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 19-10-2023 16:54:27
in joint family in matrimonial house. It is stated that she was being harassed by the respondent and the in-laws and they were demanding the dowry. The petitioner has submitted a complaint to SHO, Y.D.Nagar, Mandsaur and also to S.P., Mandsaur.
2. Counsel for the State submits that in writ petition, no direction can be issued to register FIR in the light of the judgment passed by the Division Bench in the case of Shweta Bhadoria Vs. State of M.P., 2017(3) MPLJ(Cr) 337.
3. After hearing learned counsel for the parties and taking into consideration the judgment passed by the Division Bench in the case of Shweta Bhadoria(supra), the present petition is disposed off with a direction to the
Superintendent of Police, Mandsaur to treat the complaint of the petitioner under section 156(3) Cr.P.C. and proceed on the said complaint in accordance with law.
C.c. as per rules.
(VIJAY KUMAR SHUKLA) JUDGE MK
Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 19-10-2023 16:54:27
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