Madhya Pradesh High Court
Ram Beti vs The State Of Madhya Pradesh on 10 May, 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 10 th OF MAY, 2024
WRIT PETITION No. 11824 of 2024
BETWEEN:-
1. RAM BETI W/O LATE SHRI KEDAR SINGH, AGED
ABOUT 89 YEARS, LALITPUR GATE NEAR
PARINAY VATIA SERVANT QUARTER NO 1
LASHKAR GWALIOR MP (MADHYA PRADESH)
2. RANI TOMAR W/O SHRI LOKENDRA SINGH
TOMAR, AGED ABOUT 57 YEARS, OCCUPATION:
HOUSEWIFE R/O LALITPUR GATE NEAR PARINAY
VATIA SERVANT QUATER NO. 1 LASHKAR
GWALIOR MP (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ABDHESH SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN, BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH (B. ITS
PRINCIPAL SECRETARY) REVENUE DEPARTMENT
R/O MANTRALAYA VALLABH BHAWAN BHOPAL
M.P. (MADHYA PRADESH)
3. THE DIRECTOR GENERAL OF POLICE POLICE
H EAD Q UARTER S R/O MADHYA PRADESH
BHOPAL MP (MADHYA PRADESH)
4. INSPECTOR GENERAL OF POLICE POLICE
HEADQUARTERS R/O GWALIOR ZONE, OFFICE
ADDRESS CITY CENTER GWALIOR MP (MADHYA
PRADESH)
5. THE SUB DIVISIONAL MAGISTRATE R/O JHANSI
ROAD, GWALIOR MP (MADHYA PRADESH)
6. THE SUPERINTENDENT OF POLICE POLICE
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 5/10/2024
6:21:42 PM
2
HEADQUARTERS R/O OFFICE ADDRESS CITY
CENTER GWALIOR MP (MADHYA PRADESH)
7. THE TEHSILDAR THE STATE OF MADHYA
PR AD ES H R/O JHANSI ROAD, GWALIOR MP
(MADHYA PRADESH)
8. THE TOWN INSPECTOR POLICE HEADQUARTERS
R/O POLICE STATION JHANSI ROAD LASHKAR
GWALIOR MP (MADHYA PRADESH)
9. VASUNDRA RAJE TRUST JAI VILAS PALACE
GWALIOR MP THROUGH (A. VIJAY PHALKE) S/O
SHRI RANJEET PHALKE, AGED ABOUT 73 YEARS,
R/O USHA COLONY NEAR CHETAKPURI GATE
LASHKAR GWALIOR MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.S. JADON - GOVERNMENT ADVOCATE)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
1. The present petition u/s 482 of Cr.P. has been filed for free and fair
investigation in the proceedings made by the respondents No. 4 and 5 in case
No.04/2024 for the offence under Section 145 of Cr.P.C.
2. At the outset, learned Government Advocate 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. In view of above, 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.
4 . 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.
5. C.C. as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
