Madhya Pradesh High Court
Krishna Kumar Dubey vs The State Of Madhya Pradesh on 28 April, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 28th OF APRIL, 2022
WRIT PETITION No. 11154 of 2021
Between:-
KRISHNA KUMAR DUBEY S/O LATE SHRI
KODULAL DUBEY , AGED ABOUT 37 YEARS,
OCCUPATION: AGRICULTURIST LAAL MATI NEAR
GOPAL HOTEL JABALUR (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER EVEN IN THE SECOND ROUND )
AND
1. THE STATE OF MADHYA PRADESH THR. ITS
PRINCIPAL SECRETARY REVENUE DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE HEAD
QUARTER BHOPAL DISTT. BHOPAL (MADHYA
PRADESH)
3. SUPERINTENDENT OF POLICE K AT N I DISTT.
KATNI (MADHYA PRADESH)
4. POLICE STATION MADHAV NAGAR THROUGH
STATION HOUSE OFFICER DISTT. KATNI
(MADHYA PRADESH)
5. POLICE CHOWKI NIWAR THROUGH POLICE
STATION OFFICER NIWAR DISTT. KATNI
(MADHYA PRADESH)
6. REVENUE INSPECTOR PAHADI CIRCLE NIWAR
DISTT. KATNI (MADHYA PRADESH)
7. DHARMENDRA BAGDI S/O NOT MENTION
OCCUPATION: PATWARI HALKA NO. 59, RAJASV
NIRIKSHAK MANDAL PAHADI TEH. AND DIST.
KATNI (MADHYA PRADESH)
8. BHANU BAI DUBEY W/O PREMLAL DUBEY , AGED
ABOUT 60 YEARS, OCCUPATION: NOT MENTION
VILLAGE BICHHUA, TEH. AND DISTT. KATNI
(MADHYA PRADESH)
9. NAVNEET DUBEY S/O PREMLAL DUBEY , AGED
ABOUT 40 YEARS, OCCUPATION: NOT MENTION
VILLAGE BICHHUA, TEH. AND DISTT. KATNI
(MADHYA PRADESH)
Signature Not Verified
SAN
10. VANDANA DUBEY D/O PREMLAL DUBEY , AGED
ABOUT 35 YEARS, OCCUPATION: NOT MENTION
Digitally signed by PRARTHANA
SURYAVANSHI
Date: 2022.04.29 14:17:43 IST
VILLAGE BICHHUA, TEH. AND DISTT. KATNI
(MADHYA PRADESH)
2
11. PINKI DUBEY D/O PREMLAL DUBEY , AGED
ABOUT 30 YEARS, OCCUPATION: NOT MENTION
VILLAGE BICHHUA, TEH. AND DISTT. KATNI
(MADHYA PRADESH)
12. PURUSHOTTAM DATT JYOTSI S/O UNKNOWN ,
AGED ABOUT 35 YEARS, OCCUPATION: PROPERTY
DEALER VILLAGE BICHHUUA, TEH. AND DISTT.
KATNI (MADHYA PRADESH)
13. RAVIKANT PYASI S/O UNKNOWN , AGED ABOUT 38
Y E A R S , OCCUPATION: PROPERTY DEALER
VILLAGE BICHHUUA, TEH. AND DISTT. KATNI
(MADHYA PRADESH)
14. ATAL BIHARI MISHRA S/O UNKNOWN , AGED
ABOUT 40 YEARS, OCCUPATION: PROPERTY
DEALER VILLAGE BICHHUUA, TEH. AND DISTT.
KATNI (MADHYA PRADESH)
15. JAIHIND GUPTA S/O UNKNOWN , AGED ABOUT 42
YE A R S , VILLAGE BICHIUA, TEH.AND DISTT.
KATNI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDEEP CHATARJEE, DY. GOVT. ADVOCATE)
T h is petition coming on for admission this day, the court passed the
following:
ORDER
The present petition has been filed seeking the following relief(s) :-
"(i) The Hon'ble Court may kindly be pleased to give the direction to respondent No.1 to 4 to produce the entire exercise in relation to Ann-P/8 to Ann-P/12 for kind perusal of this Hon'ble Court.
(ii) The Hon'ble Court may kindly be pleased to give the direction to respondent No.1 to 4 to register a FIR against the respondent No.5 to 14 in offence u/s 420, 466, 467, 469, 471 and 120-B of IPC and punish the conspirators appropriately.
(iii) Also, award any other reliefs, which deems fit and proper in favour of the petitioner.
It is pointed out that petitioner has filed on several complaints before the police authorities but no action has been taken by them. Therefore, the present petition has been filed. He is having a remedy to approach the concerning Magistrate by filing a proper application under Section 156(3) of Cr.P.C. or by filing a private complaint under Section 200 of Cr.P.C. in view of the judgments of Signature Not Verified SAN Hon'ble Supreme Court in the cases of Sakri Basu vs. State of U.P and others reported in (2008) 2 SCC 409, Sudhir Bhaskar Rao Tambe vs. Hemant Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.04.29 14:17:43 IST 3 Yashwant Dhage and Others reported in 2016 (6) SCC 277 a n d M. Subramanium vs. S. Jakari reported in (2020) 6 SCALE 204 and Vinubhai Haribhai Malaviya vs The State Of Gujarat reported in (2019) 17 SCC 1.
In such circumstances, in view of the aforesaid judgments, no relief can be extended to the petitioner.
The petition is hereby dismissed.
Petitioner is at liberty to approach the concerning Magistrate by filing a proper application under Section 156(3) of Cr.P.C.
(VISHAL MISHRA) JUDGE Prar Signature Not Verified SAN Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.04.29 14:17:43 IST