Madhya Pradesh High Court
Harpal Singh Solanki vs The State Of Madhya Pradesh on 8 October, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:25163
1 MCRC-26523-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 8 th OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 26523 of 2025
HARPAL SINGH SOLANKI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ravi Ballabh Tripathi - Advocate for the petitioner.
Shri Abhishek Bhadoriya - PP for the State.
ORDER
The petitioner has filed the instant petition under Section 528 of the
BNSS, 2023, seeking the following reliefs:-
a) Quash the order dated 19.11.2024 passed by the
Collector/District Magistrate Shivpuri and all
subsequent proceedings arising of the said order;
b) Pass such other or further orders as may be deemed
fit and proper in the interest of justice.
Learned counsel for petitioner submitted that the petitioner is the
complainant in the crime No.812/2024 registered at Police Station Karera
District Shivpuri under Sections 118(1), 115(2), 296, 351(3) and 3(5) of the
BNS. In the aforesaid FIR, the complaint was lodged stating that the accused
persons assaulted the petitioner's sone- Atul Singh and nephew Dharmendra
Solanki and they caused injury. The accused Kedar Singh sent an application
to the Collector/District Magistrate (Annexure P/3) to constitute a medical
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board and re-examine the injured persons. The concerned Collector/District
Magistrate, District Shivpuri has, taking action on the aforesaid application,
has directed CMHO, District Shivpuri to constitute a medical board and re-
examine the injured persons. Therefore, this petition has been filed.
Learned counsel for petitioner placed reliance on the judgement passed
by the Co-ordinate Bench of this Court vide order dated 08.04.2022 in W.P.
No.7926/2022 (Kalicharan Kushwaha Vs. State of M.P. and others).
It is further contended that whether the Collector has any role to play
under the provisions of Cr.P.C. or not. The direction issued to the CMHO,
District Shivpuri is nothing but just overstepping of his jurisdiction. The act
of the Collector/District Magistrate amounts to supervising the investigation
which is not permissible under the Cr.P.C. There is a difference between
monitoring and supervising. In criminal Justice system, the investigation of
an offence is within the domain of police and power to investigate into a
cognizable offence by a police officer is ordinarily not impinged by any
fetter. The aforesaid act of the act of the Collector/District Magistrate is out
of his jurisdiction. Hence, this petition may be allowed and the order/letter of
the Collector/District Magistrate (Annexure P/1) be set aside.
Heard and perused the documents appended thereto.
From perusal of the documents, it is evident that the accused has
written an application (Annexure P/3) to the Collector/District Magistrate
District Shivpuri for constitution of a medical board for the purpose of re-
examination of the injured/complainants.
However, from perusal of the impugned order/letter (Annexure P/1), it
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appears that the Collector/District Magistrate has not directed/instructed or
recommended to CMHO, District Shivpuri to constitute any medical board
for re-examination of the injured persons/complainant. The Collector/District
Magistrate has only forwarded letter (Annexure P/3) to the concerned
CMHO by way of its letter dated 19.11.2024 (Annexure P/1).
The judgement Kalicharan Kushwaha (supra) cited by counsel for
petitioner is also perused. In the aforesaid judgment, the facts of the case
therein are that the Collector had passed particular orders directing the
concerned CMHO to constitute the medical board for re-examination of the
injured persons which is absolutely beyond the jurisdiction of Collector. But,
in the present case no such order or direction has been passed by the
Collector/District Magistrate. Hence, the citation as cited is not applicable in
the present context as the Collector/District Magistrate has not surpassed his
jurisdiction.
Hence, this Court is of the considered opinion that no overstepping of
jurisdiction has been performed by the Collector/District Magistrate in this
matter.
Accordingly, this petition sans merits is hereby dismissed.
(RAJESH KUMAR GUPTA )
JUDGE
Vishal
