Anjum Bano vs The State Of Madhya Pradesh
2024 Latest Caselaw 5491 MP

Madhya Pradesh High Court

Anjum Bano vs The State Of Madhya Pradesh on 22 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 22 nd OF FEBRUARY, 2024
                                            MISC. CRIMINAL CASE No. 6563 of 2024

                           BETWEEN:-
                           ANJUM BANO D/O SHRI SAID KHAN, AGED ABOUT 32
                           YE A R S , OCCUPATION: TERMINATED MADHYAMIK
                           SHIKSHAK FROM GOVT HIGH SCHOOL PATONDA
                           BLOCK KARAHAL DISTRICT SHEOPUR MP WARD NO 4
                           ISHLAMPURA GALI NO 2 JOURA DISTRICT MORENA
                           MP (MADHYA PRADESH)

                                                                                         .....APPLICANT
                           (SHRI G.S. SHARMA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH INCHARGE
                                 POLICE STATION THROUGH POLICE STATION
                                 KOTWALI DISTRICT MORENA MP (MADHYA
                                 PRADESH)

                           2.    DISTRICT   EDUCATION            OFFICER MORENA
                                 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (SHRI ATUL SHARMA - PANEL LAWYER FOR THE STATE)

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

This petition under Section 482 of Cr.P.C. has been filed seeking following reliefs:

"(i) It, is most humbly prayed that this petition may kindly allowed and the respondents authority may kindly be directed to conduct the medical examination of applicant's eye and conduct the fair investigation in Crime No. 628/2023

registered at Police Station City Kotwali Morena, District Morena in the interestof justice"

2. At the outset, learned Panel Lawyer 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 Panel Lawyer, 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 pwn*