Madhya Pradesh High Court
Purshotam Mehani, vs State Of Madhya Pradesh, Through The ... on 25 February, 2025
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2025:MPHC-JBP:8725
1 WP-6705-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 25 th OF FEBRUARY, 2025
WRIT PETITION No. 6705 of 2025
PURSHOTAM MEHANI,
Versus
STATE OF MADHYA PRADESH, THROUGH THE SECRETARY, HOME
DEPARTMENT, VALLABH BHAWAN, MANTRALAYA, BHOP AND
OTHERS
Appearance:
Shri Sourabh Kumar Sharma - Advocate for petitioner.
Shri Lokesh Jain - Government Advocate for State.
ORDER
Petitioner has filed this writ petition making following prayer : -
"i. That, this Hon'ble Court may kindly be pleased to issue in the
nature of mandamus commanding and directing respondent no. 4
to decides & passed the speaking order in the petitioner
Complaint (Ann. P/1) in the light of 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 in accordance with law."
Counsel appearing for the petitioner submitted that petitioner has filed a
complaint before Incharge Police Station Kotwali, Katni. He had made
allegations in complaint regarding commission of cognizable offence by
respondents No. 5. Counsel for the petitioner submitted that said complaint has
not been considered and decided by Station House Officer, Police Station
Madhavnagar, Katni. It is submitted that Station House Officer may be directed
to take a decision on complaint of petitioner so that petitioner can know what is
the next course of action to be taken and can file application under Section
156(3) or under Section 200 of Cr.P.C., and if complaint is accepted and FIR is
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lodged then petitioner is not required to take any recourse.
Counsel for the petitioner relied on judgment rendered in case of Rajendra
Singh Pawar vs State of M.P. and other s, reported in I.L.R. [2021] M.P. 289,
wherein following directions were issued to respondent authorities : -
"(i) Whenever a complaint is filed at police station, concerned Police
Officer shall examine the complaint and if required preliminary
inquiry be done to ascertain whether information reveals any
cognizable offence.
(ii) Investigating Officer shall either register First Information Report
if complaint/information discloses cognizable offence or proceed
under Section 155 of the Code of Criminal Procedure, if no
cognizable offence is disclosed or if no offence is made out then
complainant shall be informed that his compliant has been filed.
Police Officer shall process all complaints received within a period of
15 days. If due to some reasons, it is not possible for concerned
Police Officer to process the complaint and take action on it within
said time, he shall take aforesaid action within maximum period of 42
days after receiving of complaint.
(iii) Every complaint which is received by Investigating Officer shall
be entered into General Diary, as per M.P. Police Regulation 634
maintained at the Police Station and a number on which said
complaint is entered in General Diary shall be given to the
complainant. Superintendent of Police shall keep a check that such
complaints are decided within the stipulated time mentioned above as
per the directions of Apex Court. If complaints remain pending for
more than 42 days then Superintendent of Police shall initiate
Departmental Enquiry against delinquent Police Officer.
(iv) It is observed that in offences of cheating and fraud, Investigating
Officer/Station House Officer is taking a long time to register an
offence under Indian Penal Code or to dispose off complaint in
accordance with law. Principal Secretary, Home/Director General of
Police shall issue directions to Superintendent of Police to sensitize
all Police Officers on filed when offence of cheating is made out and
when only a civil wrong is made out so that concerned Police Officer
can process the complaints/applications made in case of economic
offence of cheating and fraud expeditiously."
Government Advocate appearing for the State opposed the prayer and
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submitted that petitioner has alternate remedy available to him under the law.
Heard the counsel for the petitioner as well as respondents/State.
Considering the judgment rendered in the case of Rajendra Singh Pawar vs
State of M.P. and others, reported in I.L.R. [2021] M.P. 289, , writ petition filed by
the petitioner is disposed of with direction to Station House Officer, Police Station
Madhavnagar, District Katni to consider the complaint filed by petitioner and take
appropriate action as per directions given in case of Rajendra Singh Pawar (supra)
within a period of 15 days from the date of receipt of certified copy of the order
passed today. Result of scrutiny of complaint and action taken on it shall be
conveyed to petitioner.
With aforesaid direction, writ petition is disposed off.
C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
as
