Madhya Pradesh High Court
Maithilesh Tripathi vs The State Of Madhya Pradesh on 7 May, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:21429
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 7 th OF MAY, 2025
WRIT PETITION No. 14921 of 2025
MAITHILESH TRIPATHI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Abhishek Pandey - Advocate for petitioner.
Shri Suyash Thakur - Govt. Advocate for respondents-State.
ORDER
This petition is filed seeking the following reliefs :
(i) To issue a writ of mandamus and direct the authorities to
take appropriate action against delinquent respondent no.5
under the supervision of the Hon'ble High Court who had
made a conspiracy against the petitioner to lodge a false and
fabricated FIR in the nature of moral turpitude and various
sections i.e. 308(2) & 308(7) of BNS, 2023.
(ii) To transfer this matter to CBI or any other investigation
agency where the investigation can be done in legal manner.
(iii) To call for the entire record.
(iv) To transfer the team of respondent no.5 involved in this
case away from jurisdiction of Rewa.
(v) The petitioner humbly requests that appropriate
compensation be granted by Respondent No.5, who has
misused his power and intentionally subjected the petitioner to
mental torture, resulting in the tarnishing of the petitioner's
name and reputation for life.
(vi) To pass necessary and appropriate order in the interest of
justice which the Hon'ble High Court may deem to be fit.
2. It is the case of the petitioner that he is a journalist working in Mauganj
and Rewa district and is owner/director of 'Amar Republic' news channel. He
further carries out his journalist duties through YouTube channel. Recently,
the petitioner conducted a live news coverage based on the statements of
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victims, highlighting corrupt and disorderly function of respondent No.5 and
other police officials. It is submitted that after publication of said coverage,
respondent No.5 issued a legal notice under Section 356(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 to the petitioner and demanded recovery of
Rs. 50 Lakhs. Thereafter, with malafic intention, a false FIR has been
registered against the petitioner being Crime No. 111 of 2025 vide Annexure
P / 4 . It is argued that the petitioner has been falsely implicated in the
matter and fair investigation has not been done in this case. Therefore, it is
essential to transfer the investigation to an independent Investigating Agency
such as CBI. Hence, present petition has been filed.
3. State counsel submits that the investigation is going on in the present
case and the petitioner is not cooperating in the ongoing investigation and is
absconding in the matter.
4. Having regard to the grievance raised herein, the petitioner is having a
remedy 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) 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. Hence, no relief can be extended to the petitioner.
5. In view whereof, the petition stands dismissed. However, the petitioner
is at liberty to approach the concerning Magistrate by filing a proper
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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
VV
