Vinit Vishwakarma vs The State Of Madhya Pradesh
2024 Latest Caselaw 5983 MP

Madhya Pradesh High Court

Vinit Vishwakarma vs The State Of Madhya Pradesh on 27 February, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                 1                   MCRC No.7598/2024



IN THE HIGH COURT OF MADHYA PRADESH
           AT JABALPUR
                         BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
              ON THE 27th OF FEBRUARY, 2024
           MISC. CRIMINAL CASE No. 7598 of 2024
BETWEEN:-
VINIT VISHWAKARMA S/O SHRI RADHESHAYAM
VISHWAKARMA,     AGED   ABOUT    50   YEARS,
OCCUPATION: AGRICULTURIST R/O WARD NO.7,
TENDUKHEDA, POLICE STATION TENDUKHEDA,
DISTRICT NARSINGHPUR (MADHYA PRADESH)

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

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

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

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

4.    STATION HOUSE OFFICER, POLICE STATION
      TENDUKHEDA, PS TENDUKHEDA, DISTRICT
      NARSINGHPUR (MADHYA PRADESH)

5.    SHRI MAHENDRA VISHWAKARMA S/O LATE
      SHRI KANCHEDI LAL VISHWAKARMA R/O WARD
      NO/3,  TENDUKHEDA,     PS  TENDUKHEDA,
      DISTRICT NARSINGHPUR (MADHYA PRADESH)

                                                     .....RESPONDENTS
(SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE FOR
RESPONDENTS NOS.1 TO 4/STATE)
      This application coming on for admission this day, the court passed

the following:
                                                2                  MCRC No.7598/2024


                                               ORDER

This petition under Article 226 of Constitution of India has been filed seeking the following relief:

"i. That this Hon'ble Court may kindly be pleased to issue and directing respondent nos. 3 to 4 to decide & pass the speaking order in the petitioner Complaint (Ann.P/1) in according to law which may decide within time bound 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/4) in according to law."

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

3. Accordingly, the petition is dismissed.

4. However, petitioner is at liberty to avail the statutory remedy available to him under Sections 156(3) and 200 of Cr.P.C.

(G.S. AHLUWALIA) JUDGE vc VARSHA

DN: c=IN, o=HIGH COURT OF MADHYA

CHOUR 2.5.4.20=f460d4685ef5a4622238f0b59b 78c2407fd3ee2f619d9ce8e428c224c23 ec8ac, postalCode=482001, st=Madhya Pradesh, serialNumber=A0506346908D8FDC4A2

ASIYA DA9968A85B01E1D95EF7D1630553560 798626817C4267, cn=VARSHA CHOURASIYA Date: 2024.02.27 18:04:52 +05'30'