Madhya Pradesh High Court
Dr. M.P. Kushwah vs The State Of Madhya Pradesh on 19 May, 2017
1 M.Cr.C. No.4682/2017
(Dr. M.P. Kushwaha Vs. State of M.P. and Others)
19/05/2017
Shri U.K. Bohare, learned counsel for the petitioner.
Shri R.D. Agrawal, learned Public Prosecutor for the
respondents/State.
Learned counsel for the petitioner submits that deficit Court fee has been paid and Bar stamp has been affixed therefore, according to him, default has been cured.
Heard on the question of admission.
The present petition has been preferred by the petitioner challenging the action/inaction of the respondents whereby according to the petitioner the respondents are not registering the FIR over the complaint preferred by him.
On the other hand, learned counsel for the State opposed the said prayer in the light of the order dated 13/10/2016 passed in W.A. No.709/2016 and order dated 20/12/2016 passed in W.A.No. 247/2016 (Shweta Bhadauriya Vs. State of M.P. & Ors.).
It is a case of the petitioner that on a complaint made by the petitioner F.I.R. has not been registered by the competent Police Authorities. Accordingly, seeking registration of F.I.R. and placing reliance on the judgment of the Supreme Court in the case of Lalita Kumari Vs. State of U.P. - (2014) 2 SCC 1, the writ petition is filed. If the F.I.R. is not registered, the petitioner still has a remedy of approaching the Magistrate concerned by filing a compliant and the Magistrate can proceed in the matter under Section 154 read with Section 156 of Cr.P.C. and for the said purpose reliance can be placed on the decision of the Supreme Court in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage - (2016) 6 SCC 277 and various other cases, including the order passed by 2 M.Cr.C. No.4682/2017 (Dr. M.P. Kushwaha Vs. State of M.P. and Others) Division Bench of this Court in W.A. Nos. 709/2016 & 247/2016.
Considering the fact that the petitioner has a remedy of approaching the Magistrate concerned under the provisions of Code of Criminal Procedure and the Magistrate concerned is competent enough to deal with the matter on a compliant made by the petitioner, This Court finds no reason to interfere in the matter.
Accordingly, the Writ Petition stands disposed of with liberty to the petitioner to take recourse by approaching the competent Court of criminal jurisdiction by filing a private complaint.
(Anand Pathak) Judge vc