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Madhya Pradesh High Court

Dimpal Sikander Ali vs The State Of Madhya Pradesh on 6 December, 2017

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                                Writ Petition No.19141/2017




Jabalpur, Dated : 06.12.2017.
                     Shri Sajidulla Khan, learned counsel for the petitioner.
                     Shri   Amit    Sharma,    learned    Govt.   Advocate      for   the
               respondents/State and its functionaries.

Heard on the question of admission.

Vide this petition, the petitioner has prayed following reliefs :

(i) to issue writ, order or direction in the nature of mandamus to register the offence against the respondents No.3 to 7 for the commission of the offence committed by them.

(ii) to issue writ, order or direction in the nature of mandamus to the Administration as well as the Police Authority to protect the life, limb and property of the petitioner and his family members at the hands of respondents No.3 to 7 and their companions.

(iii) Any other relief which this Hon'ble Court deems fit and proper may also be granted to the petitioner in the interest of justice including costs of the petition.

Counsel for the petitioner submits that the accused have committed cognizable offence and the F.I.R. is required to be registered against them. Since the Police authorities are not taking any action, therefore, the present writ petition has been preferred for directions to the Police authorities to take appropriate action.

On the other hand, learned counsel for the respondents has opposed the prayer of the petitioner and submitted that in case the Police authorities are not taking any action, the petitioner is having remedy under Section 200 of the Cr.P.C. to file a compliant before the Magistrate as well as approaching the Magistrate under Section 156 (3) of Cr.P.C.

This issue is no more res integra and the issue has been :: 2 ::

decided by a Division Bench at the Principal Seat Jabalpur in Writ Appeal No.709/2016 vide order dated 13.10.2016 by which the appeal has been dismissed with liberty to the appellant to take recourse by approaching the competent Court of criminal jurisdiction by filing a private complaint and similar view has been taken by the principal seat at Jabalpur in W.A. No.658/2017 vide order dated 08/08/2017 following the judgment of co-ordinate Bench of this Court in Shweta Bhadoriya vs State of M.P. 2017 (1) MPLJ (Cri) 338).

In another case, the co-ordinate Bench of this Court in Writ Petition No.8569/2015 had dismissed the writ petition vide order dated 04.11.2016 holding that the writ petition is not maintainable.

Accordingly, this writ petition is disposed of on the same terms as in the order dated 13.10.2016 passed in Writ Appeal No.709/2016 and order dated 04.11.2016 passed in Writ Petition No.8569/2015 (supra). The directions contained therein shall apply mutatis mutandis to this case with full force.

However, the petitioner is at liberty to approach the Magistrate concerned under the provisions of Code of Criminal Procedure or to resort to other remedy as available under the CrPC.

Needless to say that this Court has not expressed any opinion on the merits of the case.

This writ petition fails and is hereby dismissed.

(S.A. Dharmadhikari) JUDGE vinod VINOD Digitally signed by VINOD VISHWAKARMA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH VISHWA JABALPUR, ou=PRIVATE SECRETARY, postalCode=482004, st=Madhya Pradesh, 2.5.4.20=dbbaac2eb30630f36de246fe4b5329ecb076d859d daf818f6a3b6c562d84e0dc, 2.5.4.45=03210077CA9013FC0BEEF4E03B2D50B9B1A2FD1 D6641219C1B3F8F4DA371F4A12F65C5, cn=VINOD VISHWAKARMA KARMA Date: 2017.12.07 10:37:12 +05'30'