Madhya Pradesh High Court
Pr Swaraaj Bharathiya vs The State Of Madhya Pradesh on 19 August, 2019
Author: Virender Singh
Bench: Virender Singh
M.Cr.C. No.30967/2019 1
HIGH COURT OF MADHYA PRADESH
MCRC No. 30967/2019
(PR. SWARAAJ BHARATIYA VS. STATE OF MP)
Indore: Dated:- 19/08/2019:-
The Petitioner is present in person.
Shri Sandeep Mehta, learned Govt. Advocate for the
respondent/State.
Arguements heard.
1. The petitioner has prayed for the following reliefs:-
"Part 7: Relief prayed
23. Contempt (Criminal and/or Civil) upon its nature of jurisdiction for a. Disobedience and suspension of (Exhibit: 02) & (Exhibit: 03).
b. Disobedience and suspension of (Annex: A11 - A14).
24. For consideration of prosecution and exercising the extra ordinary jurisdiction u/S.482 of CrPC r/w Ch II Rule 4 with the permission of the Hon. High Court at Indore alongwith the place of jurisdiction of Indore for para '79b)' of this application of prosecution of abuse of power and process at Betul and Bhopal with applications including interlocutory against the accusation of offence in para '5' of application.
25. Crave relief to file any rule nisi in absence of averment of documents, order or evidence from the respective offices or authorities to adduce further prosecution for the misconduct or criminality unless the subjective affidavit in support filed by said office for the documents in the custody of respective offices para '26' & '27'.
a. Documents relied but not in possession of applicant due to resultant abuse and further failure of Provision/contravention including the guidelines. b. Application of notices, order, documents, report M.Cr.C. No.30967/2019 2 in resultant abatement.
c. To add or amend the parties to the application pending disposal.
26. Due compensation at final disposal for victimization since a 3 months been suffered by the applicants mainly non-applicant victim for continued offences averted at Indore in failure of (Annex: A11 - A14) all the illegal means so that the applicant and non-applicant be suspended with any rights for remedy.
27. Cost to case, legal & expertise and other incidental expenses.
28. Any appropriate direction including jurisdictional relief under the any act and suspended complaints in connected matter and/or jurisdiction in this application.
Part 8: Interim Order/Writ, if prayed for
29. Immediate and Urgent Relief a. Immediate restoration of abducted female victim wife (non-applicant) under the illegal detention from her last resident or any other place been transported. b. Immediate direction for prosecution & registration of above application for (Annex: A11
-A14) failed at DM, Indore.
c. Immediate direction for solemnization for marriage as construed dt: 15/05/2019 (Exhibit: 01) within the prescribed time limit insensibly averted, abated and abused the application of SMA for exercising right to choice of marriage.
30. Call for say in affidavit with support of respondent or thru empowered or designated officer by the respective authority for delay and/or suspension irrespective action taken report to ensue the protection and guarantee of fundamental rights to applicant & remedy sought from victimization and repeated request been urged for urgency.
a. Annexure 'A 11' complaint u/S.97, 98 CrPC dtd.08/04/2019.
b. Annexure 'A 12' & 'A 13' dtd: 04/05/2019 (hand) and 09/05/2019 (post) to DM.
M.Cr.C. No.30967/2019 3c. Annexure 'A 14' Oath u/S.98 CrPC for urgent prosecution along with abuse of power & process for suspension of marriage application rejection (Exhibit:01).
d. Failure to register or action taken for above suspended application been directed but disregarded.
31. Call records, documents, register, reports etc in compliance to proceeds by MO.
a. Extract of Copies of Marriage Notice Register. b. Proof of Copy of delivery of (Exhibit: 01) sent via post to applicant.
c. Rule for notice issued by MO under conflict to 'Collector' & 'SP' of Betul for (Exhibit:01). d. Compliance under provision for (Exhibit: 01) under Special Marriage Act.
e. Rule for rejection/suspension of (Annex: A11 - A14) directed by DM.
32. Any other matter and provision as applicable without any contravention to the consequential liability under any other law or order. Part 9: Documents relied on but not in possession of the applicants
33. In view of absence of every matter perused before each offices, department and authority, no order directives or policy been endorsed to the effect and in such absence has resultant in gross violation of the personal rights and liberty in-consistence with subjective prayer as deemed."
2. The grievance of the petitioner is that he and Darshika wanted to marry but her family members did not allow her. They confined her forcibly and continuously shifting her from place to place. Right now she is detained somewhere in Indore. He is wandering door to door and has knocked the doors of several Authorities but in vain. No one is paying heed and addressing his grievance. He had filed application before the Collector, which was dismissed on flimsy grounds.
M.Cr.C. No.30967/2019 4He had filed applications under Sections 97, 98 Cr.P.C. before the District Magistrate but here also his grievance has not been adhered to, therefore, he has invoked inherent powers of this Court under Section 482 of Cr.P.C. for the afore-stated reliefs.
3. The petition filed under Special Marriage Act read with Section 97-98 Cr.P.C. to solemnize marriage has already been disposed off by the District Magistrate vide order dated 05/07/2019 (Ex.01). No further step has taken by the petitioner against this order under the provisions of Special Marriage Act, particularly under Section 17 of the Special Marriage Act.
4. This is a complex petition. The petitioner has mashed up the facts and has mingled up several reliefs. The petitioner wants to initiate both civil and criminal contempt proceeding, to prosecute respective officers and authorities for their misconduct or criminality, to call documents relied upon by him but not in his possession and in possession and custody of respective offices, to take action against the officials for abuse of powers and failure to comply with the provision and contravention of the guidelines. He wants restoration of abducted female. He also wants to issue direction for solemnization for marriage and restoration of his right to choice of marriage. He also wants permission to add or amend the parties to the application pending disposal. He further wants compensation at final disposal for victimization suffered by him since last 3 months.
M.Cr.C. No.30967/2019 55. But this petition is misconceived. The reliefs claimed by the petitioner cannot be granted in exercise of inherent powers of this Court under Section 482 Cr.P.C. The petitioner has efficacious alternate remedies for his each and every grievance. Instead of following the proper procedure, he has invoked the extraordinary powers of this Court. This Court is not competent to pass any order or to issue any direction to any Competent Authority under Section 482 or u/S 97, 98 Cr.P.C. or under the Special Marriage Act.
6. It is argued by the petitioner in person that SDM is not taking any action on his application filed under Sections 97, 98 Cr.P.C. but if his application is not being entertained by the Competent Authority then also he has alternate remedy. This Court is not competent to pass any order or issue any direction to any Authority as prayed for under Section 482 Cr.P.C., therefore, the petition is dismissed. However, liberty is granted to the petitioner to take appropriate action before the competent Authorities to redress his grievances in accordance with law.
7. All IAs stands closed.
(Virender Singh)
Judge
soumya
Soumy
Digitally signed by
Soumya Ranjan Dalai
DN: c=IN, o=High Court
of Madhya Pradesh Bench
a Indore,
postalCode=452001,
st=Madhya Pradesh,
Ranjan
2.5.4.20=f4d2118683e843
22bb5797cf28ee6067153
8b737cf52962d84d7b527
897e53ac, cn=Soumya
Dalai Ranjan Dalai
Date: 2019.08.21 10:16:08
+05'30'