Madhya Pradesh High Court
Bhrat Puri Goswami vs The State Of Madhya Pradesh on 5 July, 2019
1
WP No.12701/2019
THE HIGH COURT OF MADHYA PRADESH
WP No.12701/2019
(Bhrat Puri Vs. State of M.P.)
Gwalior, Dated : 05/07/2019
Shri Rajeev Shrivastav, learned counsel for the
petitioner.
Shri Anand Bhardwaj Govt. Advocate for the
respondent/State.
The present petition is being filed by the petitioner being aggrieved by the action taken by respondent No.3 whereby, despite of specific complaint with respect to murder of petitioner's father, offence under Section 366 has been registered by the Police of Police Station Pohari, District Shivpuri.
Contention of the petitioner is that he has filed several complaints to the senior authorities for registration of FIR under Section 302 but despite of his best efforts the authorities are not investigating the matter properly and has registered a case under Section 366 of IPC. Hence, the petitioner prays for direction to the respondents to register an FIR against culprits under Sections 302, 366, 446 of IPC.
Learned counsel for the State has opposed the contention of the writ petitioner stating that the petitioner is having alternative and efficacious remedy under relevant provision of Cr.P.C. and no such relief can be extended to the 2 WP No.12701/2019 petitioner in this writ petition.
Learned counsel for the rival parties are heard and perused the record.
On the record, it is seen that FIR has been registered under Section 366 of IPC at Crime No.67 by Police Station Pohari, District Shivpuri. But as contention of the petitioner is that offence under Section 302 of IPC should be registered by the Police Authorities, no such direction can be given to the respondents. Petitioner is having a remedy under the provisions of Cr.P.C to file complaint before the Trial Court court for redressal of his grievance.
This petition is disposed of.
(Vishal Mishra) Judge VIPIN KUMAR AGRAHARI 2019.07.06 11:07:39 +05'30'