Madhya Pradesh High Court
Shri Basant Kumar Singh vs The State Of Madhya Pradesh on 23 July, 2018
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Writ Petition No.15858 of 2018
Indore, Dated:- 23/07/2018
Petitioner--Shri Basant Kumar Singh is present in
person.
Heard on the question of admission.
By this writ petition under Article 226 of the Constitution
of India, the petitioner is claiming for the following reliefs:-
"1- It is prayed that simple perusal of entire
petition is apparently and expressly reflecting complete
abrogation of fundamental right under article 14 and 21
and also abrogation of basic structure (doctrine of basic
structure) which are inviolable by any authority as per
present position of constitution. By flagrant abrogation of
fundamental right, respondent have committed offence
of making report contrary to law during judicial proceeding punishable under section 219 of Indian Penal Code.
Section 219 of Indian Penal Code states:-
Public servant in judicial proceeding corruptly making report etc contrary to law.
"Whoever being a public servant makes or pronounces in any stage of judicial proceeding, any report, order, verdict or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to 7 years or fine or with both."
In light of above petitioner respectfully prays for ordering registering of case in competent Court under section 219 of IPC against all those public servants criminally liable for manufacturing new forged laws namely as Sri Dileep Kumar Soni Incharge Superintendent of 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Police, Sri O.P. Sagoriya Dy. S.P., Sri Padam Singh Baghel Dy.S. P., Sri S.S. Udavat, Dy. S.P., Sri Dinesh Rawat Inspector and Sri Arun Misra Incharge S.P. alongwith other public servants who are also responsible. By manufacturing new laws they have abrogated fundamental right under article 14 & 21 of petitioner expressly, on face of record.
2. Petitioner also prays for any other remedy which Hon'ble High Court deems fit under circumstances of case."
Considering the fact that he is having remedy under the Code of Criminal Procedure, 1973 so also the fact that one more M.Cr.C. is pending, we are not inclined to entertain this writ petition.
W.P. No.15858 of 2018 has no merit and is, accordingly,dismissed in limine.
(P. K. Jaiswal) (Ashok Kumar Joshi)
Judge Judge
pp/
Digitally signed by Pankaj Pandey
Date: 2018.07.23 16:54:32 +05'30'