Sanjay Kumar Jaiswal vs The State Of Madhya Pradesh
2024 Latest Caselaw 4685 MP

Madhya Pradesh High Court

Sanjay Kumar Jaiswal vs The State Of Madhya Pradesh on 17 February, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                          1


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                         BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
              ON THE 17th OF FEBRUARY, 2024
               WRIT PETITION No. 2891 of 2024

BETWEEN:-

SANJAY KUMAR JAISWAL S/O SHRI LALIT
KUMAR JAISWAL, AGED ABOUT 38 YEARS,
OCCUPATION:        AGRICULTURE/PRIVATE
BUSINESS R/O VILLAGE AND POST KHATAI,
TEHSIL CHITRANGI DISTRICT SINGRAULI
(MADHYA PRADESH)
                                                .....PETITIONER
(BY SHRI MANOJ KUMAR CHANSORIYA - ADVOCATE )

AND

1.    THE STATE OF MADHYA PRADESH
      THROUGH ITS PRINCIPAL SECRETARY
      HOME DEPARTMENT MINISTRY VALLABH
      BHAVAN BHOPAL (MADHYA PRADESH)

2.    SUPERINTENDENT OF POLICE, SINGRAULI
      DISTRICT SINGRAULI (MADHYA PRADESH)

3.    STATION    HOUSE  OFFICER, (T.I  /
      INSPECTOR) THANA WAIDHAN DISTRICT
      SINGRAULI (MADHYA PRADESH)

4.    UDAY    KARIHAR,     STATION  HOUSE
      OFFICER (T.I. / INSPECTOR) THANA C/O
      SUPERINTENDENT OF POLICE, SINGRAULI
      DISTRICT SINGRAULI (MADHYA PRADESH)

5.    ASHOK SINGH PARIHAR SUB REGISTRAR,
      SUB REGISTRAR OFFICE CHITRANGI
      WAIDHAN DISTRICT SINGRAULI (MADHYA
      PRADESH)

6.    UDIT NARAYAN SHARMA PATWARI,
      PATWARI HALKA CHITRANGI GADWA
                                       2


         DISTRICT SINGRAULI (MADHYA PRADESH)

   7.    ARUN KUMAR VISHWAKARMA S/O MUNNA
         VISHWAKARMA JHAPARHWA CHOWKI
         BAGDARA GADWA DISTRICT SINGRAULI
         (MADHYA PRADESH)

   8.    SITARAM VISHWAKARMA JHAPARHWA
         CHOWKI BAGDARA GADWA DISTRICT
         SINGRAULI (MADHYA PRADESH)

   9.    RAKESH    MALLAH,            UNKNOWN    C/O
         SUPERINTENDENT               OF     POLICE,
         SINGRAULI,DISTRICT               SINGRAULI
         (MADHYA PRADESH)
                                                          .....RESPONDENTS
    (SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE STATE)

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

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

(i). It is, therefore, prayed that this Hon'ble Court may kindly be pleased to issue the show cause notice to the respondents and to call for the entire action taken report from respondents no. 1 to 4 for kind perusal of this Hon'ble Court, in the interest of justice.

(ii) It is, therefore, prayed that this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus and other appropriate writs directing the respondents no.1 to 4 to register the crime against respondent no. 5 by lodging FIR and to complete the investigation within time bound period and to submit the final report under Section 173 of Cr.P.C., as this Hon'ble Court deems fit and proper to the facts

& circumstances of the case, in the interest of justice.

(iii) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioner.

2. After arguing the matter at length, counsel for the petitioner fairly conceded that in the light of judgments passed by Supreme Court in the cases Sakiri Vasu vs. State of U.P. reported in (2008) 2 SCC 409, Aleque Padamsee and others Vs. Union of India & Ors. reported in (2007) 6 SCC 171, Divine Retreat Centre Vs. State of Kerala and others reported in (2008) 3 SCC 542, Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage and Others reported in (2016) 6 SCC 277 and a Division Bench of this Court in the case of Shweta Bhadauria Vs. State of M.P. & Ors. decided on 20.12.2016 in Writ Appeal No.247/2016, he has efficacious remedy of approaching the Court of competent Magistrate under Sections 156 (3), 200 of Cr.P.C.

3. Accordingly, he seeks permission of this Court to withdraw this petition with liberty to avail the statutory remedy available to the petitioner under Sections 156 (3), 200 of Cr.P.C.

4. With aforesaid liberty, the petition is dismissed as withdrawn.

(G.S. AHLUWALIA) JUDGE JP JITENDRA KUMAR Digitally signed by JITENDRA KUMAR PAROUHA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL BENCH INDORE, 2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c6324a2f64a5a, postalCode=482001, st=Madhya Pradesh,

PAROUHA serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B78033E5FF10402B19143AD99, cn=JITENDRA KUMAR PAROUHA Date: 2024.02.17 04:10:08 -08'00'