Smt. Paan Bai vs The State Of Madhya Pradesh
2025 Latest Caselaw 1468 MP

Madhya Pradesh High Court

Smt. Paan Bai vs The State Of Madhya Pradesh on 11 July, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:31063




                                                                  1                          WP-19862-2025
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                      ON THE 11th OF JULY, 2025
                                                 WRIT PETITION No. 19862 of 2025
                                                    SMT. PAAN BAI
                                                        Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              None for the petitioner even in the second round.
                              Shri Darshan Soni - GA for the respondents / State.

                                                                      ORDER

The petition is filed seeking the following reliefs :-

(I). Issue a writ in the nature of mandamus directing the concern Respondents to decide/consider the representation of the Petitioner dated 24.02.2025 produced as Annexure P/3.

(Il). Issue a writ in the nature of mandamus directing the Respondent No.2 -- Superintendent of Police, District Panna and Respondent No.3 -- Station House Officer, Police Station Shahnagar to register an FIR under appropriate provisions of Bharatiya Nyaya Sanhita, 2023, including Section 103 (murder), Section 61 (criminal conspiracy), and Section 3(5) (common intention), against the Respondents No.5 to 7 based on the detailed complaint and representations dated 03.02.2025 and 24.02.2025 (Annexure P/3), and to conduct a fair, impartial, and lawful investigation into the murder of the Petitioner's husband, Hariram Chaudhary.

Ill. Issue any other writ, order or direction as this Hon'ble Court deems fit.

2. If no action is taken by the authorities on the pending representation of the petitioner, the petitioner is having a remedy to approach

NEUTRAL CITATION NO. 2025:MPHC-JBP:31063

2 WP-19862-2025 the concerning Magistrate by filing a proper application under Section 156 (3) of CrPC (Section 175 (3) of BNSS) or by filing a private complaint under Section 200 of CrPC (Section 223 of BNSS) in view of the judgments of Hon'ble Supreme Court in the cases of Sakiri Vasu v. State of U.P., (2008) 2 SCC 409, Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277, Vinubhai Haribhai Malaviya v. State of Gujarat, (2019) 17 SCC 1 and M. Subramaniam v. S. Janaki, (2020) 16 SCC 728.

3. In view of an alternative and efficacious remedy available to the petitioner, this Court is not inclined to direct the respondents authorities to take action on the said representation.

4. Consequently, the petition stands dismissed. However, the petitioner is at liberty to approach the concerning Magistrate by filing a proper

application under Section 156(3) of CrPC (Section 175(3) of BNSS) or by filing a private complaint under Section 200 of CrPC (Section 223 of BNSS).

(VISHAL MISHRA) JUDGE

JP