Golu @ Rohit Dubey vs The State Of Madhya Pradesh
2024 Latest Caselaw 14222 MP

Madhya Pradesh High Court

Golu @ Rohit Dubey vs The State Of Madhya Pradesh on 15 May, 2024

                                                             1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         BEFORE
                                             HON'BLE SHRI JUSTICE VINAY SARAF
                                                  ON THE 15 th OF MAY, 2024
                                          MISC. CRIMINAL CASE No. 13361 of 2024

                           BETWEEN:-
                           GOLU @ ROHIT DUBEY S/O SHRI SANTOSH DUBEY,
                           AGED ABOUT 28 YEARS, OCCUPATION: AGRICULTURE
                           R/O WARD KRAMANK-11 LAHAR, THANA LAHAR JILA
                           BHIND M.P (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI V.K. SHARMA- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 SUPERINTENDANT OF POLICE DISTRICT BHIND
                                 M.P (MADHYA PRADESH)

                           2.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION LAHAR, BHIND BHIND
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI LOKENDRA SHRIVASTAVA- GOVERNMENT ADVOCATE FOR
                           RESPONDENT/STATE)

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

1. The present petition is preferred by the petitioner challenging the registration of FIR under Section 14 of the M.P. State Security Act and Section 188 of the IPC.

2. Short facts of the case are that an order was passed against the petitioner by the District Magistrate District Bhind under the provision of

Madhya Pradesh State Security Act whereby petitioner was directed to present

before the SHO Police Station Lahar for four months on daily basis and inform to SHO regarding his day to day activities. Police Station Lahar has registered the offence on the allegation that the petitioner has not complied with the order passed by the District Magistrate District Bhind and therefore case has been registered under Section 188 of the IPC and Section 14 of the M.P. State Security Act.

3. Learned counsel for petitioner submits that offence under Section 188 of the IPC can be registered only upon the written complaint by the authority who has passed the order, but in the present matter police has registered the offence without any complaint by the District Magistrate District Bhind. He

relied on the Judgment of the Division Bench of this Court in the case No.W.A. No.888/2013 State of Madhya Pradesh and another Vs. Jyotiraditya Scindia (2014 1 JLJ 326) passed on 07.02.2014 whereby it is held that until and unless the complaint is lodged by the authority whose order has been violated, the FIR cannot be registered. He further submitted that petitioner is ready to comply with the order and to appear before the SHO Police Station, Lahar on daily basis. He prayed for quashment of the FIR.

4. Per contra, learned Government Advocate appearing on behalf of respondent/State submitted that the petitioner was deliberately not complying with the order passed by District Magistrate District Bhind and therefore, FIR has rightly been lodged against the petitioner.

5. After considering the arguments of rival parties, the present petition is disposed of with following directions:-

(i) Investigating officer shall consider that whether FIR cannot be registered under Section 188 of IPC without written complaint of the authority whose

order has been violated.

(ii) The petitioner will mark his presence before SHO Police Station Lahar and will inform regarding his day to day activities in compliance of the order dated 26.09.2023 passed by District Magistrate District Bhind.

(iii) In case the petitioner appears before the SHO, Police Station Lahar, then Police authorities shall comply with the provisions of Section 41 (1) of the Cr.P.C. in Crime No.280/2023 and the directions issued by the Apex Court in the case of Arnesh Kumar Vs.State of Bihar, (2014) 8 SCC 273.

6. With the aforesaid directions, the petition stands disposed of.

(VINAY SARAF) JUDGE Vishal