Mahesh Kumar Choudhary vs The State Of Madhya Pradesh
2024 Latest Caselaw 5672 MP

Madhya Pradesh High Court

Mahesh Kumar Choudhary vs The State Of Madhya Pradesh on 23 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 23 rd OF FEBRUARY, 2024
                  WRIT PETITION No. 22592 of 2023

BETWEEN:-
MAHESH KUMAR CHOUDHARY S/O BHUDHLAL
CHOUDHARY, AGED ABOUT 45 YEARS, OCCUPATION:
SCRAPE DEALER R/O RAJIV GANDHI WARD,
GADARWARA,   POLICE STATION   AND   TEHSIL
GADARWARA, DISTRICT NARSINGHPUR (MADHYA
PRADESH)

                                                        .....PETITIONER
(BY SHRI NITESH KUMAR JAIN - ADVOCATE )

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

2.    THE DIRECTOR GENERAL OF POLICE, POLICE
      HEAD    QUARTER,    VALLABH    BHAWAN
      JAHANGIRABAD, BHOPAL (MADHYA PRADESH)

3.    THE        SUPERINTENDENT        OF    POLICE
      N A R S I N G H P U R DISTRICT   NARSINGHPUR
      (MADHYA PRADESH)

4.    STATION HOUSE OFFICER POLICE STATION
      G A D A R W A D A DISTRICT NARSINGHPUR
      (MADHYA PRADESH)

5.    MANOJ RAI S/O JAMNAPRASAD RAI R/O
      CHANDRA SHEKHAR COLONY GADARWARA
      DISTRICT NARSINGHPUR (MADHYA PRADESH)

6.    MAHANT BALAKDAS S/O LATE RAMPRIY DAS R/O
      SUBASH   WARD   GADARWADA      DISTRICT
      NARSINGHPUR (MADHYA PRADESH)

                                                      .....RESPONDENTS
                              2
(BY SHRI DEEPAK TIWARI - PANEL LAWYER )

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

This Petition under Article 226 of Constitution of India has been filed seeking following reliefs:

"(i) To produce the entire dairy pertaining to case before the Hon'ble Court.

(ii) To direct for an proper investigation pertain to petitioner complaints filed before Superintendent of Police Narsingpur, in interest of justice.

(iii) Any other order/direction which this Hon'ble Court deems fit and proper may kindly passed/issued in favour of the petitioner loo to the facts and circumstances of the pre petition.

(iv) Kindly passing a direction to registered the FIR against the Respondent no.5 and 6 in the interest of justice."

2. After arguing the matter at length, counsel for petitioner fairly conceded that in the light of judgments passed by Supreme Court in the cases of 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 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, petitioner has efficacious remedy of approaching the Court of competent Magistrate under Sections 156(3) and 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 petitioner under Sections 156(3) and 200 of Cr.P.C.

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

(G.S. AHLUWALIA) JUDGE SR*