Smt. Sabbo Bai vs The State Of Madhya Pradesh
2024 Latest Caselaw 5982 MP

Madhya Pradesh High Court

Smt. Sabbo Bai vs The State Of Madhya Pradesh on 27 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 27 th OF FEBRUARY, 2024
             MISC. CRIMINAL CASE No. 7778 of 2024

BETWEEN:-
SMT. SABBO BAI W/O SHRI LUHARIWALE DURGA
PRASAD, AGED ABOUT 65 YEARS, R/O NEAR BESEDI
STADIUM, R/O VILLAGE KHAROND, MOLLANA WARD,
PANAGAR DISTRICT JABALPUR (MADHYA PRADESH)

                                                    .....APPLICANT
(BY SHRI SOURABH KUMAR SHARMA - ADVOCATE )

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

2.    D.G.P. PHQ BHOPAL DISTRICT BHOPAL (MADHYA
      PRADESH)

3.    SUPERINTENDENT     OF POLICE,  JABALPUR
      DISTRICT JABALPUR (MADHYA PRADESH)

4.    STATION HOUSE OFFICER, POLICE STATION
      PANAGAR, DISTRICT JABALPUR (MADHYA
      PRADESH)

5.    SHRI PUTTU YADAV S/O GULAB YADAV R/O NEAR
      BESEDI    STADIUM     VILLAGE   KHAROND,
      MOLLANA WARD PANAGAR DISTRICT JABALPUR
      (MADHYA PRADESH)

6.    SHRI CHINGA LODHI R/O NEAR BESEDI STADIUM
      VILLAGE KHAROND, MOLLANA WARD PANAGAR
      DISTRICT JABALPUR (MADHYA PRADESH)

7.    SHRI GULAB YADAV R/O NEAR BESEDI STADIUM
      VILLAGE KHAROND, MOLLANA WARD PANAGAR
      DISTRICT JABALPUR (MADHYA PRADESH)
                                                        2
                                                                                 .....RESPONDENTS
           (BY SHRI DILIP PARIHAR - PANEL LAWYER)

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

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

"(i) That this Hon'ble Court may kindly be pleased to issue and directing respondent nos. 3 to 4 to decides & passed the speaking order in the petitioner Complaint (Ann.P/1) in according to law which may decide within time bund period in the light of identical order passed in the case of Rajendra Singh Pawar vs State of M.P. and others, reported in I.L.R. [2021] M.P. 289 As per (Ann P/2) in according to law."

2. Counsel for State vehemently opposed the application and submits 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, applicant has efficacious remedy of approaching the Court of competent Magistrate under Sections 156(3) and 200 of Cr.P.C.

3. Accordingly, petition is dismissed with aforesaid liberty.

(G.S. AHLUWALIA) JUDGE SR*

Date: 2024.02.27 17:31:33 +05'30'