Madhya Pradesh High Court
Ashish Kulshrestha vs The State Of Mp on 9 May, 2019
1
THE HIGH COURT OF MADHYA PRADESH
WP-9524-2019
(Ashish Kulshrestha & Anr. Vs. State of M.P. & Ors.)
Gwalior, Dated : 09/05/2019
Shri Sarvesh Singh Chauhan, learned counsel for the
petitioners.
Shri Anand Bhardwaj, learned Government Advocate for the
respondents/State.
Heard on the question of admission.
The petitioners have prayed for following reliefs:-
"It is most humbly prayed that writ of mandamus be issued and respondent authorities may pleas be directed to take register offence against the private respondent and take action against the private respondent and ensure protection of life and liberty of petitioners and refrain private respondents from infringing fundamental rights of petitioner No.1 and No.2 any other writ, order or diretion in nature of relief to petitioner may please be passed as the Hon'ble Court may deem appropriate along with consequential damage from respondents and cost as the Hon'ble Court may be pleased."
So far as relief with regard to seeking direction to register the offence against the private respondent is concerned, the same cannot be countenanced in light of the case of Shweta Bhadoriya, Vs State of M.P. & others 2017 (1) MPLJ (Cri) 338) in which no such direction has been issued. However, the petitioners are at liberty to 2 approach the Magistrate concerned under the provisions of Code of Criminal Procedure or to resort to other remedy as available under the Cr.P.C.
Coming to the second part of the relief i.e. direction to respondent to ensure protection of life and liberty of petitioners is concerned, the petitioners are directed to file a fresh detailed representation before the respondent No.2 i.e. Superintendent of Police, Gwalior within a period of three days. If such representation is preferred by the petitioners, respondent No.2 is directed to bestow his anxious consideration and pass a reasoned and speaking order in accordance with law. If it is found necessary that protection is required, the same may be extended to the petitioners as expeditiously as possible.
It is made clear that this Court has not expressed any opinion on merits of the case.
With the aforesaid, the petition stands disposed of.
(S.A. Dharmadhikari) Judge rahul RAHUL SINGH PARIHAR 2019.05.10 17:20:51 +05'30'