Madhya Pradesh High Court
Jham Singh Rathore vs The State Of Madhya Pradesh on 10 May, 2023
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 10 th OF MAY, 2023
WRIT PETITION No. 9188 of 2023
BETWEEN:-
JHAM SINGH RATHORE S/O TULARAM RATHORE,
AGED ABOUT 47 YEARS, OCCUPATION:
AGRICULTURIST GRAM DEVRI POLICE CHOWKI
AMARPUR THANA SAMNAPUR TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY KUMAR SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY HOME AFFAIRS
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE DIRECTOR GENERAL OF POLICE POLICE
H E A D Q U A R T E R S IDGAH ROAD BHOPAL
(MADHYA PRADESH)
3. THE COLLECTOR DINDORI DINDORI (MADHYA
PRADESH)
4. SUPERINTENDENT OF POLICE DINDORI DINDORI
(MADHYA PRADESH)
5. SUB DIVISIONAL MAGISTRATE DINDORI
DINDORI (MADHYA PRADESH)
6. POLICE THANA INCHARGE THANA SAMNAPUR
DISTRICT DINDORI (MADHYA PRADESH)
7. POLICE CHOWKI INCHARGE AMARPUR DISTRICT
SAMNAPUR DISTRICT DINDORI (MADHYA
PRADESH)
8. UMESH S/O MADHO SINGH, AGED ABOUT 32
2
YE A R S , OCCUPATION: FARMERS R/O GRAM
DEVRI CHOWKI AMARPUR THANA SAMNAPUR
TEHSIL AND DISTRICT DINDORI (MADHYA
PRADESH)
9. SATISH S/O NOMAT, AGED ABOUT 20 YEARS,
OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
10. SUGREEV S/O PREM SINGH, AGED ABOUT 26
YEARS, OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
11. PREM SINGH S/O KARTIKRAM, AGED ABOUT 45
YEARS, OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
12. AMAR SINGH S/O SUMRAN, AGED ABOUT 32
YEARS, OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
13. KAMLIBAI D/O PREM SINGH, AGED ABOUT 32
YEARS, OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
14. BASMATI D/O SUGREEV SINGH, AGED ABOUT 24
YEARS, OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
15. TULSIBAI W/O NOMAT, AGED ABOUT 33 YEARS,
OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
16. UKHA BAI W/O AMAR SINGH, AGED ABOUT 37
YEARS, OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
17. SENSINGH S/O MADHO, AGED ABOUT 21 YEARS,
OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
3
18. PRATIBHABAI W/O UMESH, AGED ABOUT 30
YEARS, OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
19. JAMOTRI BAI W/O MADHO SINGH, AGED ABOUT
48 YEARS, OCCUPATION: FARMER R/O GRAM
DEVRI CHOWKI AMARPUR THANA SAMNAPUR
TEHSIL AND DISTRICT DINDORI (MADHYA
PRADESH)
20. NOMAT SINGH S/O SUMRAT, AGED ABOUT 37
YEARS, OCCUPATION: FARMER R/O GRAM DEVRI
CHOWKI AMARPUR THANA SAMNAPUR TEHSIL
AND DISTRICT DINDORI (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT STATE BY SHRI PRADEEP SINGH - GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This is a petition seeking issuance of writ in the nature of mandamus commanding the respondent Nos. 4 and 5 to add offence under Section 307 of the Indian Penal Code in Crime No. 0543/2022 registered at Police Station, Samnapur, district Dindori.
2. It is contended by the counsel that on account of dispute pertaining to property, the present petitioner approached the Sub Divisional Officer under Section 145 of the Code of Criminal Procedure, 1973. The Sub Divisional Officer passed an order dated 4.11.2022, which is contained in Annexure P-5.
As a result of said order as the accused were keeping grudge against the petitioner, they assaulted the petitioner and others causing grievous injuries to the petitioner; yet an offence only under Section 294, 323, 324, 506 read with Section 34 I.P.C was registered. It is contended by the counsel that the C.T report reflects that petitioner Jham Singh, sustained grievous injuries as, the 4 fracture was found yet, offence under Section 307 I.P.C was not registered. It is further contended by the counsel that despite there being an order dated 4.11.2022 passed by Sub Divisional Officer, under Section 145 Cr.P.C still, the private respondents are making efforts to dispossess the petitioner and the order dated 4.11.2022 contained in Annexure P-5 is being violated.
3. Per contra Shri Pradeep Singh, Govt. Advocate submits that if the contention of the petitioner that the offence under the appropriate Section has not been registered against the accused, the petitioner has remedy to approach the Trial Court under Section 156 (3) Cr.P.C. and the Trial Court is competent enough to order further investigation in the matter. Therefore, as there exists an alternative remedy under Section 156 (3), Cr.P.C no interference is warranted. It is further contended by learned Govt. Advocate that if order dated 4.11.2022 passed by Sub Divisional Officer under Section 145 Cr.P.C. is being flouted by the private respondents, the petitioner approach the Sub Divisional Officer and pray for necessary order as well as seek protection.
4. Having considered the rival submissions advanced on behalf of the parties, as there exists an alternative efficacious remedy under Section 156 (3) Cr.P.C, the petitioner is extended the liberty to approach the competent Court under Section 156 (3) Cr.P.C highlighting his grievance and seek further investigation. So far as the violation of the order dated 4.11.2022 is concerned, the petitioner is further extended the liberty to approach the concerned Sub Divisional Officer, Dindori highlighting the fact that the order dated 4.11.2022 is not being complied with and in such an eventuality, the Sub Divisional Officer, Dindori is directed to take decision on the petitioner's grievance in accordance with law as expeditiously as possible within 30 days from the date of submission of appropriate application in that behalf, while extending 5 opportunity of hearing to all concerned including petitioner and private respondents herein.
5. With the aforesaid petition stands disposed of.
MANINDER S. BHATTI)
JUDGE
vivek
VIVEK KUMAR Digitally signed by VIVEK KUMAR
TRIPATHI
TRIPATHI Date: 2023.05.12 15:37:06 +05'30'