Madhya Pradesh High Court
Shishupal Jatav vs The State Of Madhya Pradesh on 29 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 29 th OF MAY, 2024
MISC. CRIMINAL CASE No. 22819 of 2024
BETWEEN:-
SHISHUPAL JATAV S/O SHRI HARIRAM JATAV, AGED
ABOUT 27 YEARS, OCCUPATION: AGRICULTURIST R/O
SAHIDA KALA KA DERA BADONI DATIA DISTRICT
DATIA M.P. (MADHYA PRADESH)
.....PETITIONER
(BY MS. JYOTI GAUTAM - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY R/O VALLABH BHAWAN BHOPAL
(M.P.) (MADHYA PRADESH)
2. INSPECTOR GENERAL OF POLICE GWALIOR
(MADHYA PRADESH)
3. SUPERINTENDENT OF POLICE DATIA (MADHYA
PRADESH)
4. SHO POLICE STATION BADONI, DATIA DATIA
(MADHYA PRADESH)
5. VIKENDRA RAWAT S/O SHRI MOHAN SINGH R/O
VARAIUA BHITARWAR, GWALIOR (MADHYA
PRADESH)
6. MOHAN SINGH RAWAT S/O SHRI GHANSUNDAR
SINGH RAWAT R/O VARAIUA BHITARWAR,
GWALIOR (MADHYA PRADESH)
7. MAHIP SINGH RAWAT S/O SHRI KAMAL SINGH
R AW T R/O SAHIDA KHURD BADONI, DATIA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER)
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 5/29/2024
6:50:52 PM
2
This application coming on for hearing this day, the court passed the
following:
ORDER
1. The present petition under Section 482 of the Code of Criminal
Procedure has been filed by the petitioner seeking following reliefs:
^^It is most humbly prayed that the present petition under Section
482 of Cr.P.C. may kindly be allowed and it is further prayed that a
status report be requisitioned from the official respondents towards
the steps taken in order to arrest the accused / respondents No.5 to
7. The humble applicant is praying for the arrest of the
accused/respondents No.5 to 7 in the interest of justice.**
2. At the outset, learned Panel Lawyer 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 . Countering the submissions made by the learned Panel Lawyer,
learned counsel for the petitioner submitted that though as per the directions of
the Hon'ble Apex Court, the remedy available to the petitioner is before
competent Court of Criminal Jurisdiction, but this Court by invoking inherent
powers under Section 482 of Cr.P.C. can direct the police authorities to
conduct the investigation properly on the complaint so made by the petitioner.
4. After hearing the rival contentions, 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.
5 . 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.
6. C.C. as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
