Madhya Pradesh High Court
Mukesh Dangi vs The State Of Madhya Pradesh on 3 November, 2016
1
WA.341/2016
Mukesh Dangi Vs. State of M.P. & Ors.
03 .11.2016
Shri M.P.S. Raghuvanshi, counsel for the appellant.
Shri Praveen Newaskar, learned Govt. Advocate for the
respondents / State.
This case was heard and reserved for passing final orders and the view expressed on tentative basis by this Court at the time of final hearing was divergent to the view taken by the writ court in the impugned order and dispose of this appeal by directing the police authorities to discharge their statutory duty under Section 154 of Cr.P.C. keeping in mind the verdict of the Apex Court in the case of Lalita Kumari Vs. Govt. of Uttar Pradesh and Ors. reported in (2014) 2 SCC 1 and order dated 29.06.2016 passed in WA. 2471/2016 (Naveen Kushwah Vs. State of M.P.) passed by a co-ordinate Bench.
While going through the record and the applicable law, this Court could lay its hand on the decision of Apex Court in the case of Aleque Padamsee and Ors. Vs. Union of India reported in (2007) 6 SCC 171 rendered by three Judges Bench holding that it is obligatory on the part of Police to register the FIR when information is provided regarding commission of cognizable offence, but if the same is not done by the police then the option available to the aggrieved person / informant / victim is under Section 190 read with Section 200 of Cr.P.C.
The decision of Aleque Padamsee (supra) is though referred in the five Judges Bench decision in Lalita Kumari (supra) but the ratio laid down in Aleque Padamsee has not 2 WA.341/2016 been disturbed or distinguished. It is thus necessary to find out as to whether the said decision of Aleque Padamsee (supra) has any bearing on the issue involved in the present case.
Accordingly, for the above said purpose, the matter be listed in the next week for rehearing on admission.
(Sheel Nagu) (S.K. Awasthi)
Judge Judge
sarathe