Madhya Pradesh High Court
Navi Kha vs The State Of Madhya Pradesh on 17 February, 2024
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 17 th OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 52491 of 2023
BETWEEN:-
NAVI KHAN S/O IRFAN KHAN, AGED ABOUT 45 YEARS,
OCCUPATION: AGRICULTURE R/O PANCHO COLONY
VEERPUR DISTRICT SHEOPUR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAJESH GOSWAMI - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. SUPERINTENDENT OF POLICE SHEOPUR
(MADHYA PRADESH)
3. INCHARGE POLICE STATION POLICE STATION
VEERPUR, SHEOPUR SHEOPUR (MADHYA
PRADESH)
4. AMEEN KHAN S/O SHAHJAD KHAN, AGED ABOUT
45 YEARS, R/O KATELAPURA GRAM SIHORI
DISTRICT MORENA AT PRESENT HOMEGUARD
OFFICE KE PASS JAURA, MORENA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI S.S. KUSHWAHA - PUBLIC PROSECUTOR )
This application coming on for admission this day, the court passed the
following:
ORDER
1. The present petition under Section 482 of the Code of Criminal
Procedure has been filed by the petitioner seeking following reliefs:
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vkosnd ds }kjk izLrqr f'kdk;rh vkosnu izn'kZ Ikh&1 ij ls vfHk;qDr ds
fo#} izFke lwpuk fjiksVZ ntZ djrs gq, mfpr dkuwuh dk;Zokgh djus dh
d`ik djsa A **
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 liberty to approach the
concerned Judicial Magistrate for redressal of his grievance.
6. C.C. as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
Pawar
